Gray v. Goodson

35 Citing cases

  1. Kellogg v. Nat'l R.R. Passenger Corp.

    504 P.3d 796 (Wash. 2022)   Cited 10 times

    At common law, no civil action could be maintained by a close relative of a deceased person against one who wrongfully caused the death, according to the tort maxim actiopersonalis moritur cum persona —a personal action dies with the person. Gray v. Goodson , 61 Wash.2d 319, 324, 378 P.2d 413 (1963). In recognition that a living person may suffer and should recover from the wrongful death of a close relative, all of the states have passed wrongful death statutes, rejecting this common law rule and its harsh effects.

  2. Deggs v. Asbestos Corp.

    186 Wn. 2d 716 (Wash. 2016)   Cited 28 times
    In Deggs, the Washington Supreme Court reviewed the history of Washington's wrongful death act, which is "based on the English Lord Campbell's Act of 1846," and created a cause of action for wrongful death for a relative "only if that relative would have had a cause of action for the injury at the time of death had death not occurred."

    The wrongful death action is for the benefit of statutory heirs, not the decedent or the decedent's estate. RCW 4.20.020 ; Gray v. Goodson , 61 Wash.2d 319, 327, 378 P.2d 413 (1963) (quoting Maciejczak v. Bartell, 187 Wash. 113, 60 P.2d 31 (1936) ). The wrongful death act expresses our society's judgment that “a person may legally sustain damages when one, with whom a certain relationship existed, is wrongfully killed.

  3. Woodall v. Avalon Care Ctr.

    155 Wn. App. 919 (Wash. Ct. App. 2010)   Cited 26 times
    Holding that heirs were not required to arbitrate wrongful-death claims and explaining that "wrongful death claims in Washington are not ‘derivative’ "

    Tait v. Wahl, 97 Wn. App. 765, 768-69, 987 P.2d 127 (1999) (quoting Long v. Dugan, 57 Wn. App. 309, 311, 788 P.2d 1 (1990)).Federated Servs., 101 Wn. App. at 126 (citing RCW 4.20.010, 4.24.010; Gray v. Goodson, 61 Wn.2d 319, 325, 378 P.2d 413 (1963)).Gray, 61 Wn.2d at 327.

  4. Johnson v. Consolidated Freightways, Inc.

    420 N.W.2d 608 (Minn. 1988)   Cited 102 times
    Holding an insurance arbitration did not preclude litigation of fault against defendant who was unidentified party at time of arbitration

    The Washington Supreme Court further emphasized the non-personal nature of a wrongful death claim, observing that the action is not solely intended "to provide a means of support during life for the beneficiary." Gray v. Goodson, 61 Wn.2d 319, 329, 378 P.2d 413, 419 (1963) (emphasis added). Other factors can be important in determining damages, such as companionship, care and advice.

  5. Huntington v. Samaritan Hospital

    101 Wn. 2d 466 (Wash. 1984)   Cited 24 times
    Discussing Haakanson, 600 P.2d 1087

    Since the amendment of the wrongful death statute, we have uniformly held only the personal representative may bring a wrongful death action. Wood v. Dunlop, 83 Wn.2d 719, 723-24, 521 P.2d 1177 (1974); Gray v. Goodson, 61 Wn.2d 319, 378 P.2d 413 (1963); Maciejczak v. Bartell, 187 Wn. 113, 60 P.2d 31 (1936). The tolling statute, RCW 4.16.190, thus becomes operative only if the personal representative, the "person entitled to bring an action", is disabled.

  6. Warner v. McCaughan

    77 Wn. 2d 178 (Wash. 1969)   Cited 38 times

    The estate of decedent does not benefit by the action; the claim of damages for the wrongful death is not one that belonged to decedent. Gray v. Goodson, 61 Wn.2d 319, 378 P.2d 413 (1963), quoting Maciejczak v. Bartell, 187 Wn. 113, 60 P.2d 31 (1936). The crux of the complaint is paragraphs 14, 15, and 16:

  7. Deggs v. Asbestos Corp.

    188 Wn. App. 495 (Wash. Ct. App. 2015)   Cited 7 times   1 Legal Analyses
    Describing Calhoun and Grant as holding that “a decedent's inaction as to his claims during his lifetime can preempt the accrual of a personal representative's wrongful death cause of action”

    Instead, the right is given to certain of the decedent's relatives, as a means of compensating them for injuries to their own pecuniary interests, suffered as a consequence of the wrongful death. Gray v. Goodson, 61 Wash.2d 319, 326–27, 378 P.2d 413 (1963) ; Johnson v. Ottomeier, 45 Wash.2d 419, 423, 275 P.2d 723 (1954). ¶ 42

  8. Bowers v. Fibreboard Corporation

    66 Wn. App. 454 (Wash. Ct. App. 1992)   Cited 18 times

    The purpose of the wrongful death statute is to compensate certain relatives of the deceased for injuries to their pecuniary interest, suffered as the result of the wrongful death. See Gray v. Goodson, 61 Wn.2d 319, 378 P.2d 413 (1963). Pecuniary interest includes, in addition to monetary contributions, compensation for the loss of other services such as the "`love, affection, care, companionship, society, and consortium'" of the deceased spouse.

  9. Manos v. Trans World Airlines, Inc.

    295 F. Supp. 1170 (N.D. Ill. 1969)   Cited 21 times
    Applying Italian law to determine American corporation's liability for negligent manufacture of a plane that crashed in Italy

    However, under Washington law, the statute does not start running until the cause of action accrues, i.e., when the plaintiff has the right to sue. Wash.Stat. § 4.16.010; Gray v. Goodson, 61 Wn.2d 319, 378 P.2d 413, 417 (1963). The plaintiffs in these actions did not have the right to sue until the crash occurred on November 23, 1964, and all the suits were filed within the time prescribed by the Washington statutes.

  10. Petition of Keystone Tankship Corporation

    237 F. Supp. 689 (W.D. Wash. 1965)   Cited 2 times

    Even if this line of authority is controlling on this court, it does not dictate a contrary conclusion since the present state of the law of Washington appears to permit the maintenance of wrongful death actions by foreign administrators. Compare In re Ludwig's Estate, 49 Wn.2d 312, 301 P.2d 158 (1956) with Gray v. Goodson, 61 Wn.2d 319, 378 P.2d 413 (1963). This court therefore holds that the policy beneficiary is entitled to the insurance proceeds and that Keystone is not entitled to credit the amount of such proceeds against any judgment recovered by the personal representative of Schmidt on behalf of his minor daughter.