ALENE M. SULLIVAN, as Special Administrator, etc., Plaintiff and Respondent,
v.
DELTA AIR LINES, INC., Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
May 5, 1997.
May 5, 1997.
Attorney(s) appearing for the Case
COUNSEL
J. Michael Garner, Bronson, Bronson & McKinnon, Gilmore F. Diekmann, Jr., and Patricia H. Cullison for Defendant and Appellant.
Haight, Brown & Bonesteel, Roy G. Weatherup, William J. Sayers and Caroline E. Chan as Amici Curiae on behalf of Defendant and Appellant.
Ralph C. Petersen, Kazan, McClain, Edises, Simon & Abrams and Dianna Lyons for Plaintiff and Respondent.
Ian Herzog, Douglas Devries, Leonard Sacks, Bruce Broillet, Thomas Stolpman, Robert B. Steinberg, Roland Wrinkle, Gary Paul, Steven Kleifield, Harvey Levine, Mary E. Alexander, Wayne McClean, William Turley, David Casey, Tony Tanke, Rose, Klein & Marias, David A. Rosen, Wartnick, Chaber, Harowitz, Smith & Tigerman, Harry F. Wartnick and Daniel U. Smith as Amici Curiae on behalf of Plaintiff and Respondent.
Supreme Court of California.
OPINION
MOSK, J.
Code of Civil Procedure section 377.34 prohibits recovery of damages for pain and suffering in an action brought or maintained on behalf of a deceased plaintiff. (1a) We address here the narrow question whether this statute applies when a judgment for such damages is rendered while the decedent is alive but the decedent dies during the pendency of an appeal...
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