Cross References
See note to §663-4.
Case Notes
Recovery by estate of decedent for decedent's pain and suffering. 245 F. Supp. 981, 1015, aff'd 381 F.2d 965.
Because decedent would have had an action for punitive damages had decedent survived, estate is entitled to recover punitive damages under this section. 551 F. Supp. 110.
Recovery for decedent's conscious pain and suffering, discussed. 823 F. Supp. 778.
Complaint based on death by drowning of four-year old for damages including loss of expected earnings states claim for relief; discussion of nature of action and measure of damages. 45 H. 373, 369 P.2d 96, reh'g den. 45 H. 443, 369 P.2d 114.
Probable earnings of decedent during decedent's lost years are not a proper item of damages. 54 H. 231, 505 P.2d 1169 (overruling 45 H. 373). But for present statutory rule, see §663-8.
A person named in will of decedent to be the executrix deemed "legal representative" and would have been proper person to be substituted for decedent in action brought by decedent. 60 H. 125, 588 P.2d 416.
As murder victim would have had a claim for punitive damages had murder victim survived, under this section, victim's claim for punitive damages survived victim's death; as this claim survives victim's death, punitive damages are not recoverable in an action under §663-3. 87 H. 273 (App.), 954 P.2d 652.
Where murder victim would have had cause of action for loss of enjoyment of life and other nonpecuniary losses under §663-8.5 had murder victim survived, under this section, victim's claim survived victim's death and victim's estate may sue for such damages. 87 H. 273 (App.), 954 P.2d 652.