What is the test for using the word plaintiff in a claim for wrongful death?
California, United States of America
The following excerpt is from Rose v. International Brotherhood of Electrical Workers, 129 Cal.Rptr. 736, 58 Cal.App.3d 276 (Cal. App. 1976):
3 The use of the word plaintiff here appears to be an inadvertence on the part of the trial court in referring to the conduct of the deceased. Obviously the conduct of the deceased is the critical issue in determining whether the surviving spouse and child may recover for his death on the basis that it was 'wrongfully' caused by the defendant. (Buckley v. Chadwick, 45 Cal.2d 183, 288 P.2d 12.)
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