Read the following excerpt from a US court opinion:
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modification to the statute in the thirty years since funeral expenses were made available. C As a rule, a claim for punitive damages may lie only where there is a valid underlying cause of action. Nappe v. Anschelewitz, Barr, Ansell & Bonello, 97 N.J. 37, 45, 477 A.2d 1224 (1984). In a negligence action, the maintenance of a valid claim requires the plaintiff to show a breach of duty and resulting damage. Ibid, (citing Stanley Co. v. Hercules Powder Co., 16 N.J. 295, 315, 108 A.2d 616 (1954) (other citations omitted)). In this case, Coastal stipulated negligence and causation, leaving only the issue of damages for the jury’s determination. Coastal argues that because pain and suffering comprise the sole compensable inju Starkenburg v. Montana, 282 Mont. 1, 934 P.2d 1018, 1031 (1997) ; Tirrell v. Navistar Int’l, Inc., 248
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What is the most suitable continuation to the opinion? Your options are:
A. holding punitive damages unavailable for survival claims under general maritime law
B. recognizing cause of action
C. recognizing that substantive issue of liability may be litigated in the same action for wrongful death and survival actions
D. holding the plaintiffs action was one for wrongful death and not survival where damages listed in complaint were identical to damages listed in the wrongful death act
E. holding that plaintiff in survival action bears burden of proving that death was not instantaneous although a few seconds survival constitutes sufficient amount of time to vest accrual of cause of action
Reply with [A, B, C, D, E] only.