August 2006, No. 5

August 2006, Vol. IV, No. 5

Is a Decedent's Character a Relevant Issue in a Wrongful Death Case? Not so easy as the answer is it depends. In Johnson v. Dobrosky, (2006), the decedent died from alleged medical malpractice, and her family sought damages for lost advice, guidance, and counsel, but not for financial losses. In such a case, the Supreme Court stated that the decedent's welfare fraud conviction was not relevant to any issue in the case. The Supremes explained that character is only in issue if it is an element of a claim or defense.

Contributions. If you have an interesting case, rule interpretation, ethics issue, or civil-related story, please contact me at 201-918-3560, (f) (201) 845-5973, or e-mail mjepstein@epsteinbeirne.com.

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