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Session Laws, 1973, Special Session
Volume 710, Page 171   View pdf image
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MARVIN MANDEL, Governor                                      171

LAW OF THAT JURISDICTION.

(B) MARYLAND COURT TO APPLY ITS OWN RULES OF
PLEADING AND PROCEDURE.

NOTWITHSTANDING THE FACT THAT THE WRONGFUL ACT
OCCURRED IN ANOTHER JURISDICTION, A MARYLAND COURT IN
WHICH THE ACTION IS PENDING SHALL APPLY ITS OWN RULES
OF PLEADING AND PROCEDURE.

REVISOR'S NOTE: This section is new language
derived from Art. 67, §2. This section is
divided into two subsections to emphasize
the difference between the provisions
dealing with application of the substantive
law of another state and the provisions
dealing with application of the rules of
pleading and procedure of Maryland courts.

The term "substantive law" is introduced
for the purpose of clarity. It is believed
that the meaning of this term is well
understood and no further delimitation
appears necessary. The provision dealing
with causes of action arising prior to June
1, 1937 is deleted as obsolete.

SEC. 3-904. ACTION FOR WRONGFUL DEATH.

(A)   PRIMARY BENEFICIARIES.

AN ACTION UNDER THIS SUBTITLE SHALL BE FOR THE
BENEFIT OF THE WIFE, HUSBAND, PARENT, AND CHILD OF THE
DECEASED PERSON.

(B)   SECONDARY BENEFICIARIES.

IF THERE ARE NO PERSONS WHO QUALIFY UNDER
SUBSECTION (A), AN ACTION SHALL BE FOR THE BENEFIT OF
ANY PERSON RELATED TO THE DECEASED PERSON BY BLOOD OR
MARRIAGE WHO WAS WHOLLY DEPENDENT UPON THE DECEASED.

(C)   DAMAGES TO BE DIVIDED AMONG BENEFICIARIES.

IN AN ACTION UNDER THIS SUBTITLE, DAMAGES MAY BE
AWARDED TO THE BENEFICIARIES PROPORTIONED TO THE
INJURY RESULTING FROM THE WRONGFUL DEATH. THE AMOUNT
RECOVERED SHALL BE DIVIDED AMONG THE BENEFICIARIES IN
SHARES DIRECTED BY THE VERDICT.

(D)   DAMAGES IF SPOUSE OR MINOR CHILD DIES.

 

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Session Laws, 1973, Special Session
Volume 710, Page 171   View pdf image
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