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Killiner v. Wilson
Citations: 683 So. 2d 947; 1996 Ala. LEXIS 516; 1996 WL 615905Docket: 1951591
Court: Supreme Court of Alabama; October 25, 1996; Alabama; State Supreme Court
Justice Houston dissents regarding the interpretation of Alabama law concerning punitive damages in wrongful death cases, specifically referencing Ala.Code 1975. 6-5-391. He asserts that damages in these cases are entirely punitive and that Mr. Wilson, despite being the custodial parent, had no vested right to punitive damages for the death of his minor son, David. Although Mr. Wilson was entitled to initiate the wrongful death action, legislative amendments to 6-5-391 after he filed the action dictate that proceeds from such wrongful death claims involving minors must be distributed according to intestate succession laws. Consequently, this means that David’s mother, Ms. Killiner, is entitled to a portion of the proceeds.