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Jones v. Flood

11/5/1997

ently include conscious pain and suffering as well as medical expenses, but exclude future loss of earnings, solatium damages, and damages which result to other persons from the death." Fennell, 320 Md. 776, 792, 580 A.2d 206, 214 (1990). The limitation on damages in a survival action has been maintained since Stewart v. United Electric Light & Power Co., 104 Md. 332, 65 A. 49 (1906). We shall not, in this case, overturn over ninety years of precedent. If such is to occur at this time, it will be the legislature or the Court of Appeals that must act to effect that result. If, as appellant contends, the Court of Appeals meant to do so in Monias, it will need to say so more plainly. Thus, we affirm the trial court's order granting summary judgment in favor of appellees on the issue of damages for loss of future earnings.


JUDGMENT AFFIRMED;


COSTS TO BE PAID BY APPELLANT.






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