2019 COA 93
Colo. Ct. App.2019Background
- Marty Ferguson was adopted at age 25 by Ann Ferguson in 1995; Ann died in October 2015 after medical care from defendants.
- Marty sued medical providers for negligence causing Ann’s death, bringing a wrongful-death action under Colorado’s Wrongful Death Act (WDA).
- Defendants moved to dismiss for lack of standing, arguing an adult adoptee is not an “heir” entitled to bring a WDA claim in the second year after death under § 13-21-201(1)(b)(I)(B).
- The district court (after treating the motion as one for summary judgment) held Marty was not an “heir” and also found she was not a designated beneficiary, and dismissed the complaint.
- On appeal the Colorado Court of Appeals reviewed the statutory interpretation de novo and considered whether an adult adoptee is a “lineal descendant” (and thus an “heir”) for purposes of the WDA.
- The court reversed, holding an adult adoptee is a lineal descendant and therefore an “heir” under the WDA, allowing Marty to pursue the wrongful-death claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an adult adoptee is an “heir” under § 13-21-201(1)(b)(I)(B) of the WDA | Marty: Adult adoptee is an heir/lineal descendant and may sue in year two | Defendants: Adult adoptee is not an “heir” (WDA limits to biological lineal descendants) | Held: Yes — adult adoptee is a lineal descendant and thus an “heir” under the WDA |
Key Cases Cited
- Hindry v. Holt, 24 Colo. 464, 51 P. 1002 (1897) (construed “heir or heirs” in WDA to mean only lineal descendants)
- McGill v. Gen. Motors Corp., 174 Colo. 388, 484 P.2d 790 (1971) (parents not lineal descendants; no WDA standing)
- Martin v. Cuellar, 131 Colo. 117, 279 P.2d 843 (1955) (adopting parent of an adult decedent lacked WDA status under predecessor statute)
- Ablin v. Richard O’Brien Plastering Co., 885 P.2d 289 (Colo. App. 1994) (siblings are collateral, not lineal, descendants for WDA)
- Herrera v. Glau, 772 P.2d 682 (Colo. App. 1989) (declined to extend lineal descendant to step-relatives/equitable adoption for WDA)
- Brunton v. Int’l Trust Co., 114 Colo. 298, 164 P.2d 472 (1945) (interpreted trust language; not a broad rule against adopted children being lineal descendants)