In Re the Estate of Bennett
308 P.3d 63
Mont.2013Background
- Jeremiah Bennett died in a 2012 car accident, survived by two minor children and his parents, Abel Robert and Judy Bennett.
- Sabrina Bennett (former spouse) was appointed personal representative; she moved for a declaration that Jeremiah’s parents lacked standing to claim wrongful death damages.
- The District Court ruled April 18, 2013 that the minor children, as intestate heirs, had priority and the parents lacked standing to recover grief, sorrow, and mental anguish damages.
- Abel and Judy petitioned the Montana Supreme Court for supervisory control, arguing parents may recover non-pecuniary wrongful death damages even if not intestate heirs.
- The Montana Supreme Court granted supervisory control, vacated the District Court’s ruling insofar as it barred parental claims, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether parents (non-intestate heirs) may recover wrongful death damages for grief, sorrow, and mental anguish for the death of an adult child under § 27-1-513, MCA | Parents: Montana wrongful-death law permits survivors (not limited to intestate heirs) to recover grief/mental anguish; no statute bars parents from recovery; personal representative must pursue claims on their behalf | Sabrina (PR): Only intestate heirs (the minor children) have right to wrongful death recovery; allowing parents to recover conflicts with precedent (Hern) and intestacy rules | Court: Parents are survivors entitled to wrongful death damages for grief, sorrow, and mental anguish; such claims are personal to survivors but must be pursued by the personal representative in the single combined action; remanded for allocation of any award |
Key Cases Cited
- Swanson v. Champion Intl. Corp., 197 Mont. 509, 646 P.2d 1166 (Mont. 1982) (distinguishes survival actions (estate) from wrongful death actions (personal to survivors) and explains allocation of wrongful death awards)
- Hern v. Safeco Ins. Co. of Ill., 329 Mont. 347, 125 P.3d 597 (Mont. 2005) (recognizes parental loss-of-consortium claims for adult child where extraordinarily close relationship exists and confirms personal representative may pursue survivors’ nonpecuniary damages)
- Renville v. Fredrickson, 324 Mont. 86, 101 P.3d 773 (Mont. 2004) (applies the statutory one-action rule and bars multiplicity of wrongful-death suits; notes standing depends on survivor status)
- Johnson v. Marias River Elec. Coop., 211 Mont. 518, 687 P.2d 668 (Mont. 1984) (recognizes decedent’s spouse and minor children as proper parties in wrongful death actions)
- Dawson v. Hill & Hill Truck Lines, 206 Mont. 325, 671 P.2d 589 (Mont. 1983) (permits parents to recover sorrow and mental distress for death of minor child)
- State ex rel. Carroll v. First Judicial Dist. Court, 139 Mont. 367, 364 P.2d 739 (Mont. 1961) (allows widow and children from prior marriage to pursue wrongful death damages)