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Winston Clark Connell Et Al.v.Diane Dickens Hamon, As Surviving Child Of James Isaac Dickens, Jr, Deceased

CourtCourt of Appeals of Georgia
Docket No.A21A0925
DecidedOctober 18, 2021
Reporter335 Ga. App. 70
JudgesCourt of Appeals of Georgia
Tags
CivilWrongful DeathStandingCivil ProcedureMotion to DismissStatutory InterpretationReversal
Case Summary

Diane Dickens Hamon brought a wrongful-death action on behalf of her deceased father against an emergency physician and medical practice. The defendants argued that she lacked standing because Georgia’s Wrongful Death Act authorizes only specified survivors to bring the claim and does not permit an adult child to displace a surviving spouse. The Court of Appeals of Georgia reversed the denial of judgment on the pleadings. It held that Hamon was not within the statutory class authorized to bring the action and therefore lacked standing. The court directed entry of judgment for the defendants.

Opinion

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