TRAINWRECK CREATES ESTATE LAWSUIT TO RECOVER DAMAGES FOR WRONGFUL DEATH — WIDOW VS. RAILROAD COMPANY

Many times, an estate of someone who has just passed away needs to sue someone — engage in civil litigation — to recover assets,    money,    or damages for the estate, the heirs and the #nextofkin.    The estate of a victim of a train accident may be able to   recover money damages    for #wrongfuldeath. A recent case decided just days ago in Federal Court in Pennsylvania dealt with a federal #wrongfuldeathlawsuit and the estate of the victim.

SURVIVING SPOUSE APPOINTED ESTATE EXECUTOR — WRONGFUL DEATH LAWSUIT FILED

Andrew died as a result of a collision when he was operating a train.

His wife, the #estatewidow or #survivingspouse, was appointed the #estateexecutor, or what we in Florida call a #personalrepresentative.

In Pennsylvania, they called her the “administratrix.”

The executor of the estate   sued   for #moneydamages for the  estate and heirs, sometimes referred to as #nextofkin.

RAILROAD FIGHTS WIDOW & ESTATE

The Railroad filed a motion for summary judgment, arguing that

• the  estate failed to introduce evidence that supported the #wrongfuldeathclaim
• the estate failed to    produce evidence   supporting the #wrongfuldeath claim
• the estate’s damages claims were not “viable

JURY WILL HEAR PAIN & SUFFERING ISSUE

The railroad’s motion was granted and denied in parts. A jury is going to determine whether damages should be awarded based upon #painandsuffering and the son’s loss of his father’s care.