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Jones v. Flood11/5/1997
Opinion by Harrell, J.
Filed: November 5, 1997
On 29 December 1994, at approximately 10:40 p.m., Evelyn Manning was killed in an automobile accident on Route 202 in Prince George's County, Maryland. At the time of her death, Ms. Manning was fifty years old.
On 17 January 1995, the Circuit Court for Prince George's County appointed appellant, Shirley Jones, Personal Representative of Ms. Manning's estate. On 22 March 1995, Ms. Jones brought a survival action grounded on Md. Code (1974, 1991 Repl. Vol.), § 7-401 of the Estates & Trusts Article (ET) in the Circuit Court for Prince George's County against appellees Brian Flood and Prince George's County, Maryland (the County). The complaint asserted that Ms. Manning died as a result of Mr. Flood's negligent operation of a County-owned automobile and claimed funeral and burial expenses, damages for future loss of earnings, punitive damages, and damages for conscious pain and suffering.
Before trial, appellee Flood admitted liability and appellant withdrew the claims for punitive damages and conscious pain and suffering. Appellees filed a motion for partial summary judgment on the ground that appellant was not entitled to recover damages for loss of future earnings in a survival action. On 3 December 1996, the court granted appellees' motion for partial summary judgment. After a bench trial before the Honorable Marvin S. Kaminetz, the court entered judgment in favor of appellant in the amount of $4,175.64 for funeral and medical expenses only. On 24 December 1996, appellant filed this timely appeal.
ISSUE
The single issue raised by appellant, which we have rephrased, is:
In a survival action brought pursuant to ET § 7-401, may a decedent's personal representative recover damages for the decedent's loss of future earnings?
ARGUMENT(S)
ET § 7-401 provides in pertinent part:
(a) Exercise of powers. -- In the performance of his duties pursuant to § 7-101, a personal representative may exercise all of the power or authority conferred upon him by statute or in the will, without application to, the approval of, or ratification by the court. Except as validly limited by the will or by an order of court, a personal representative may, in addition to the power or authority contained in the will and to other common-law or statutory powers, exercise the powers enumerated in this section.
(x) Prosecute or defend litigation. -- He may prosecute, defend, or submit to arbitration actions, claims, or proceedings in any appropriate jurisdiction for the protection or benefit of the estate, including the commencement of a personal action which the decedent might have commenced or prosecuted, except that:
(1) A personal representative may not institute an action against a defendant for slander against the decedent during the lifetime of the decedent.
(2) In an action instituted by the personal representative against a tortfeasor for a wrong which resulted in the death of the decedent, the personal representative may recover the funeral expenses of the decedent up to the amount allowable under § 8-106(b)[ ] of this article in addition to other damages recoverable in the action.
Appellant asserts that as a personal representative "bringing a personal injury action on behalf of Evelyn Manning under the survival statute, is entitled to recover the same damages for loss of future earnings which Evelyn Manning could have recovered herself in her own personal injury action had she survived the injury and brought the action herself." Appellant's argument is identical to that of the appellant in Bir
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