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Killiner v. Wilson

Supreme Court of Alabama
Oct 25, 1996
683 So. 2d 947 (Ala. 1996)

Opinion

1951591.

October 25, 1996.

Appeal from Montgomery Circuit Court (CV-96-239); Sarah M. Greenhaw, Judge.

Kenneth J. Mendelsohn of Jemison Mendelsohn, P.C., Montgomery, for Appellant.

Charles H. Volz III of Volz, Prestwood Hanan, P.C., Montgomery, for Appellee.


AFFIRMED. NO OPINION.

HOOPER, C.J., and MADDOX, SHORES, and BUTTS, JJ., concur.

HOUSTON and KENNEDY, JJ., dissent.


I dissent. See Ala. Code 1975, § 6-5-391 (amended August 8, 1995); Lowe v. Fulford, 442 So.2d 29 (Ala. 1983); Meighan v. Birmingham Terminal Co., 165 Ala. 591, 51 So. 775 (1910). Even though I have in the past vigorously disagreed with this rule of law (see Tatum v. Schering Corp., 523 So.2d 1042, 1047-63 (Ala. 1988) (Houston, J., dissenting)), damages in Alabama wrongful death cases are entirely punitive. That being the case, Mr. Wilson had no vested right to receive these punitive damages for the death of his minor son David, Lowe v. Fulford, even though, as the parent with David's custody, Mr. Wilson had the exclusive right to initiate the action to seek to recover for David's wrongful death. § 6-5-391. After Mr. Wilson filed his action to recover for David's death, but before that action was settled, the legislature amended § 6-5-391 to provide that proceeds received from an action based on the wrongful death of a minor are to be distributed in accordance with the laws of intestate succession. Therefore, David's mother, Ms. Killiner, should have received part of these proceeds.


Summaries of

Killiner v. Wilson

Supreme Court of Alabama
Oct 25, 1996
683 So. 2d 947 (Ala. 1996)
Case details for

Killiner v. Wilson

Case Details

Full title:Charlotte KILLINER v. Curtis WILSON

Court:Supreme Court of Alabama

Date published: Oct 25, 1996

Citations

683 So. 2d 947 (Ala. 1996)

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