Opinion
No. 25785-1-III.
January 8, 2008.
Appeal from a judgment of the Superior Court for Spokane County, No. 06-2-03804-0, Kathleen M. O'Connor, J., entered December 1, 2006.
Affirmed by unpublished opinion per Brown, J., concurred in by Sweeney, C.J., and Schultheis, J.
Dale Witt, as personal representative for his son's estate, appeals the summary dismissal of his medical malpractice survival claim under RCW 4.20.046 for the death of Steven M. Witt. The trial court decided Dale Witt failed to show the probability of net accumulations as contemplated in Federated Servs. Ins. Co. v. Estate of Norberg, 101 Wn. App. 119, 126, 4 P.3d 844 (2000). Dale Witt contends Steven's supplemental security insurance (SSI) benefits and his personal belongings are sufficient to establish net accumulations. We disagree, and affirm.
FACTS
Steven was diagnosed with schizophrenia as a teenager. Due to his disability, he lived with his parents until the time of his death at age 40. Steven received $560 per month in SSI benefits. This money was used for some of his necessities, but Steven's parents often supplemented his benefits for items such as food, clothing, shoes, automobiles, gas, and medication.
In August 2003, Steven went to Holy Family's emergency room, complaining of back pain and had previously been treated at a different hospital for similar pain. The emergency room physician administered pain medication at the hospital, prescribed pain medication and a muscle relaxant, and sent Steven home. The next day, he returned to Holy Family for continued back pain. Steven was again given pain medication at the emergency room and then sent home with a different pain medication prescription. Steven died the next day at his parents' home.
Steven's cause of death was listed as undetermined/natural causes. A forensic nurse notified Steven's parents that when the natural cause cannot be determined it is often due to cardiac arrhythmia, a lethal heart rhythm. The coroner, however, discovered Steven had Gaucher's Disease, which could have caused his back pain, but does not cause sudden death.
As personal representative of Steven's estate, Dale filed a medical negligence complaint against Holy Family for the "inordinate amounts of narcotics" prescribed in the 72 hours prior to Steven's death. Clerk's Papers at 6. The estate included a declaration from Dr. Carl Adams, a board certified cardiovascular, thoracic, and general surgeon from Colorado, who opined that the care Steven received from the emergency room physicians at Holy Family, fell below the standard of care for physicians practicing this type of medicine.
Holy Family requested summary judgment, arguing Steven's estate failed to state any viable claim against the hospital, it lacked standing to bring a medical malpractice claim on behalf of a deceased adult son, and Washington does not recognize a parents' claim for the death of an adult child upon whom parents are not financially dependent. Steven's estate responded that it filed a survival action under RCW 4.20.046; therefore, it did not need to prove financial dependence. The trial court granted Holy Family's request and dismissed all claims. The estate appealed.
ANALYSIS
The issue is whether the trial court erred in granting summary dismissal of the estate's RCW 4.20.046 survival action. Steven's estate contends genuine issues of material fact remain regarding whether Steven's SSI benefits and his personal belongings establish net accumulations.
We review a trial court's grant of summary judgment de novo, engaging in the same inquiry as the trial court. Hubbard v. Spokane County, 146 Wn.2d 699, 706-07, 50 P.3d 602 (2002). Summary judgment is proper if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. CR 56(c).
The facts and reasonable inferences are construed most favorably to the nonmoving party. Id. Summary judgment should be granted if reasonable persons could reach but one conclusion from the evidence presented. Id.
"At common law, a person's death extinguishes his or her personal injury claims." Federated Servs., 101 Wn. App. at 125 (citing Warner v. McCaughan, 77 Wn.2d 178, 181, 460 P.2d 272 (1969)). "Washington's general survival of actions statute was enacted to keep the decedent's claims alive and to allow the personal representative to pursue them." Federated Servs., 101 Wn. App. at 125; RCW 4.20.046.
In a survival action, the decedent's existing causes of action survive and continue "as an asset of his estate." Warner, 77 Wn.2d at 179. The allowable recovery is "'the net accumulations which the estate would have acquired if the decedent had survived to the expected life time.'" Federated Servs., 101 Wn. App. at 126 (quoting Wagner v. Flightcraft, Inc., 31 Wn. App. 558, 568 n. 2, 643 P.2d 906 (1982)). "Typically, net accumulations are the decedent's net earnings over a normal life span, calculated by determining the decedent's probable gross earnings, subtracting personal and family support expenditures, and then reducing the figure to present value." Federated Servs., 101 Wn. App. at 126.
In Federated Services, the decedent's estate was permitted to recover for the decedent's "future earnings lost" because the decedent would have been able to recover this loss if he survived. Federated Servs., 101 Wn. App. at 127. Here, however, Steven would not have been able to recover future earnings lost, because he did not have future earnings, and there was no evidence that he would have received future earnings in the future. Instead, Steven received SSI benefits for " current maintenance," including "costs incurred in obtaining food, shelter, clothing, medical care and personal comfort items." 20 C.F.R. § 416.640(a) (emphasis added). There is no indication the legislature intended SSI benefits to be passed on to a decedent's estate. Moreover, the estate fails to provide legal authority for its argument that SSI benefits can be considered net accumulations; nor could any such authority be found. Lastly, the estate's argument that Steven's personal belongings provide support for net accumulations is without merit. Net accumulations are based on "earnings," not a party's personal possessions. Federated Servs., 101 Wn. App. at 126.
Given Steven's disability and his lack of future earnings, the estate cannot show net accumulations to prove damages. Without this element, a survival action must fail. The trial court properly found likewise and properly summarily dismissed the estate's claims.
As an additional ground to affirm, Holy Family challenges Dr. Adams' declaration, arguing it did not establish his familiarity with the standard of care for Washington emergency room physicians. Since the trial court properly dismissed based on the lack of proof of net accumulations, this court cannot reach Holy Family's new argument. RAP 9.12; see Mulcahy v. Farmers Ins. Co., 152 Wn.2d 92, 105, 95 P.3d 313 (2004) (when issue dispositive, no need to reach other issues).
Affirmed.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to RCW 2.06.040.
WE CONCUR:
Sweeney, C.J.
Schultheis, J.