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DUNWOODY v. TRAPNELL

Docket No. 34645.

47 Cal.App.3d 367 (1975)

120 Cal. Rptr. 859

KENNETH DWIGHT DUNWOODY, as Executor, etc., Plaintiff and Appellant, v. RICHARD H. TRAPNELL et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

April 22, 1975.

Attorney(s) appearing for the Case

COUNSEL

Charles O. Morgan, Jr., and George G. Nagle for Plaintiff and Appellant.

Richard M. Sangster, Frank A. Jelinch, Bledsoe, Smith, Cathcart, Boyd & Eliot and James R. Ritchie for Defendants and Respondents.

OPINION

CHRISTIAN, J.

The appeal is from judgments of dismissal which were entered after the court sustained, without leave to amend, the demurrers of two medical defendants in this malpractice action. The question presented in the appeal is whether a claim for punitive damages can, under Probate Code section 573, survive and be prosecuted after the injured person's death by the personal representative.

The complaint of appellant...

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