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ANA DLG. FLORES v DONALD RALPH HAZEL WOOD Click to find out why . . .



Keywords & Phrases
CaseNo: ADFVDRHW194550, CourtName: THIS MATTER CAME BEFORE THE COURT ON JUNE 28, 2001 AT 3 30 P.M. IN COURTROOM 223 A ON, Plaintiff: ANA DLG. FLORES, UniqueCaseRef: LCD>ADFVDRHW194550, Death, Statute, Surviving, Wrongful Death, Suffering, Pedro, Pleadings, Partial Judgment, Pain, Estate, Common, Recovery, Motion, Automobile, Cnmi, Civ, Super, Hyatt, Legislature, Common Law Rule, Hereinafter, Hazelwood, Esq, Victim, Accident, Distinctions, Damages , ContentID: 120249951

Case Documents
1 2001-06-28 ORDER GRANTING DEF MOTION
[ see first page and extracted highlights below  ] ItemID: 123648
7 pages
PDF
Total Documents: 1 document , 7 pages
Price: $ 19.95


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1 . ORDER GRANTING DEF MOTION

EXTRACTED KEY WORDS
STATUTE
SURVIVING
WRONGFUL DEATH
SUFFERING
PEDRO
PLEADINGS
PARTIAL JUDGMENT
PAIN
ESTATE
COMMON
LAW
RECOVERY
MOTION
DEFENDANT
AUTOMOBILE
CNMI
COURT
CIV
SUPER
HYATT
LEGISLATURE
COMMON LAW RULE
HEREINAFTER
HAZELWOOD
ESQ
VICTIM
ACCIDENT
DISTINCTIONS
DAMAGES
 1

 2

 3

 4

 5

 6                                           IN THE SUPERIOR COURT

 7                                                        OF THE

 8                     COMMONWEALTH OF THE NORTHER MARIANA ISLANDS

 9

10 ANA DLG. FLORES as personal                                      Civil Case No: 00-0332E
      representative of the Estate of PEDRO TAKAI
11 DELEON GUERRERO II; and his heirs,                               ORDER GRANTING
      PEDRO TAKAI DELEON GUERRERO I,                                DEFENDANT'S MOTION
12 ELENA M. DELEON GUERRERO, NIEVES                                 FOR PARTIAL JUDGMENT
      M. DELEON GUERRERO, and ANA M.                                ON THE PLEADINGS
13 DELEON GUERRERO,

14                     Plaintiffs,
              vs.
15 DONALD RALPH HAZELWOOD,
16 NATION UNION INSURANCE CO., and
      SALTWATER HILLBILLY, INC., dba
17 HAMILTON'S BAR,

18                     Defendants.

19

20

21                                     I.  PROCEDURAL BACKGROUND

22            This matter came before the Court on June 28, 2001 at 3:30 p.m. in courtroom 223 A on

23 Defendant DONALD RALPH HAZELWOOD'S (hereinafter HAZELWOOD) Motion for Partial

24 Judgment on the Pleadings. John D. Osborn, Esq. appeared on behalf of Defendant

25 HAZELWOOD.  Robert Tenorio Torres, Esq. appeared on behalf of Defendant HAMILTON'S

SNIPPETS:
  • representative of the Estate of PEDRO TAKAI
  • 23 Defendant DONALD RALPH HAZELWOOD'S (hereinafter HAZELWOOD) Motion for Partial
  • Robert Tenorio Torres, Esq.
  • Order Granting Partial Judgment on the pleadings
  • pain and suffering on the behalf of a deceased victim.
  • automobile on the same road was struck by HAZELWOOD'S automobile.
  • 10 extensive internal and external injuries as a result of the accident.
  • Distinctions Between Wrongful Death and Survival Actions
  • 21 wrongful death statute provides a cause of action for the decedent's surviving family for
  • a survival statute preserves the
  • Order Granting Partial Judgment on the pleadings - 2 1 suffering, medical expenses, and loss
  • regarding the damages recoverable under a survival statute.
  • Recovery for pain and suffering is
  • one of the most common variations among the many survival statutes.
  • Civ.
  • Super.
  • Motion for Partial Judgment on the Pleadings) However, some states do not allow recovery.
  • CNMI Provides for a Wrongful Death Action
  • the Court can only conclude that the statute was only intended to provide relief
  • Hyatt Regency, Civ.
  • held that a claim for pain and suffering does not survive the death of 10 the victim.
  • The court reasoned that the legislature did not ".
  • 19 relevant CNMI case law demonstrates that the CNMI does not have a survival statute.
  • No Common Law Rule Allowing Survivability of a Deceased Cause of Action
  •    |