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Wrongful Death allocation evaluated

In a brief paragraph, the court unanimously rejected the claim that the allocating court should not consider all wrongful death distributions:  the court is required to consider all of the relevant circumstances, and prior distributions are certainly relevant.

Next, the Court pointed out that the lower court's decision was supported by evidence that after the legal separation, the widow did not enjoy a meaningful relationship with the decedent.  There was even evidence that she had entered into a new romantic relationship with a third party.  Under the circumstances, it was not error for the lower court to weigh credibility and determine that no further award to the widow was appropriate.

Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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