Is a plaintiff entitled to recover damages from the Defendant in a wrongful death action?

MultiRegion, United States of America

The following excerpt is from Chipman v. Nelson, No. 2:11-cv-2770-TLN-EFB PS (E.D. Cal. 2015):

Defendant's Lew and Avdalovic argue that plaintiff's claim for wrongful death must be dismissed because plaintiff has failed to allege any loss beyond her severe emotional distress. ECF No. 342-1. "A plaintiff in a wrongful death action is entitled to recover damages for his own pecuniary loss, which may include (1) the loss of the decedent's financial support, services, training and advice, and (2) the pecuniary value of the decedent's society and companionshipbut he may not recover for such things as the grief or sorrow attendant upon the death of a loved one, or for his sad emotions, or for the sentimental value of the loss." Quiroz v. Seventh Ave. Center, 140 Cal. App. 4th 1256, 1264 (2006).

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