Role of Surviving Spouse in Wrongful Death Action Case Law Flashcards

1
Q

Davis v. HappyLand Toy Co.

A

Both the deceased and surviving spouse are considered “parties” for all evidentiary purposes. The decedent and spouse can both be the ‘opposing party’ under 801(d)(2)(A). The spouse cannot be a party for purposes of establishing “harm” or “injury”.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly