Magee v. Rose
Delaware Superior Court
405 A.2d 143 (1979)
Relevant factsFree
Joann Magee, in a common-law marriage with Marion Rose (defendant), appeared lifeless immediately after Rose crashed their car and was pronounced dead at a hospital 25 minutes later; Joann's estate (plaintiff) sued Rose under Delaware's survival and wrongful-death statutes but presented no evidence that Joann's death was anything other than effectively instantaneous or that she suffered conscious pain before dying, and Rose moved for summary judgment.
IssueFree
Whether, under Delaware's survival statute, the plaintiff bears the burden of proof regarding the decedent's suffering.