2018 COA 132
Colo. Ct. App.2018Background
- Wendy Ulmer died in a car crash caused by a Barron’s Oilfield Services employee on March 21, 2016; she was an adult, married to Benjamin Ulmer, and had no children at her death.
- Benjamin (the surviving spouse) was originally the named plaintiff, but he died of natural causes before the complaint was filed (the record does not state when).
- Arik Hansen (Wendy’s father) substituted as plaintiff by amended complaint and sued under the Colorado Wrongful Death Act (WDA).
- Barron’s moved to dismiss for lack of standing, arguing the WDA gives parents of an adult decedent standing only when the decedent was unmarried and without descendants at the time of death.
- The district court dismissed with prejudice; the Court of Appeals affirmed, holding the operative time to determine marital status under the WDA is the decedent’s date of death, so Hansen lacked standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When is the relevant time to determine whether a decedent is "unmarried" under § 13-21-201(1)(c)(I)? | Hansen: marital status should be measured at the time the wrongful-death suit is filed (he was unmarried as plaintiff’s spouse had died before he filed). | Barron’s: marital status must be measured at the decedent’s date of death; Wendy was married then, so her parents lack standing. | The Court: operative time is the decedent’s date of death; parents have standing only if the decedent was unmarried at death. |
Key Cases Cited
- Myers v. Denver & R. G. R. Co., 61 Colo. 302 (Colo. 1916) (assessed decedent’s marital status as of time of death)
- Public Serv. Co. of Colo. v. Dist. Court, 674 P.2d 383 (Colo. 1983) (WDA recovery rights limited to persons named in statute; parents cannot sue when a spouse survives)
- McGill v. Gen. Motors Corp., 484 P.2d 790 (Colo. 1971) (describes decedent’s familial status as of time of death; parents lack standing when spouse survives)
- Espinosa v. Perez, 165 P.3d 770 (Colo. App. 2007) (WDA vests right of recovery solely in statutorily named persons)
- Hopper v. Denver & R. G. R. Co., 155 F. 273 (8th Cir. 1907) (interpreting who may sue under wrongful-death statute based on decedent’s status at death)