*1 similarities, matters, the for- seems to concede that none of many case at bar have III, standing insufficiency argument set number mer on of evidence out turned require con- to resolving sufficiently prejudicial alone are actionable fraud rather say, attempt goes “appel- to reversal. He then on to Appellants evidence. flicting however, lants, on the basis that call attention distinguish White inexperienced.2 so that the court will lants in the case at bar were court to these matters many This was not indicated as deter- were errors that observation be аware there strengthen to jury minative of the issue but verdict of the not to be only caused the “could appellees upon the court’s statement that the substantial evidence but to based readily not blind themselves to observe prejudice.” on based al- and place available facts reliance saying that This be another way making leged misrepresentation without standing require each error would not alone v. diligent facts.” White inquiry these of nu- reversal but the cumulative effect 1171; Hotel, Ogburn, supra, Gladstone p. require This merous errors would reversal. Smith, Inc. 487 P.2d v. concept is difficult to demonstrate v. Timber Com- Schaffer Standard has made effort court counsel pany, Wyo. appellants prejudiced by show that were at- Finally, appellants direct court’s alleged erroneous the cumulative effect mat- alleged prejudicial tention to several arguendo that Assuming matters. open- improper appellees’ ters: remarks such rulings, of its court did err some statement; ing compliment- trial appears appellants to be harmless error commenting on the ing opposing counsel or jury’s verdict have failed to show that the rulings; a evidence and certain erroneous rulings. was a result of these erroneous issue; the ultimate testimony witness’ Affirmed. by appellees of a witness not calling It is noted in pretrial listed in order. an instruc-
passing judge gave that the trial remark designed improper
tion to cure the The court also opening
in the statement. disregard certain jury
admonished the alleged compliment testimony. The SAFFELS, Minerva Gertrude ap- differently by counsel characterized (Plaintiff), individual, Appellant re- counsel. He characterized these pellees’ “biting marks as and sarcastic and Saffels, Individually, as Per M. Frances uplifted eyes did feel in the flattered Estate Representative sonаl jury.” Guardian Loren Harold analyzed out of Heidi A. We have not set nor Estates of the Persons and Kornegay, prejudicial Kornegay L. mi alleged detail the numerous and Shawn (Plaintiff), argument by appellants matters listed nors attack general III. The broad and number brief does not segment appellants’ in this BENNETT, (Defendant). Appellee Jack scrutiny. Appellants lend to a careful itself 5434. No. argument persuasive have not aided us by specific quotations nor from cases cited Wyoming. Supreme Court support Appellants their contention. June alleged prejudicial generally matters up why us to determine have left In the last prejudicial. these matters brief, appellants’ counsel
paragraph of speculate only whether or We can appellants experienced ranchers. or in- 2. Whether were experience or the lack experienced However, not the deemed of the issue. determinative significant. they were thereof there was evidence experienced, working sheep hard farmers and *2 Peek, H. Casper, signed Richard the brief appeared argument oral lant. Reeves, P.C.,
John C. Brooks of Vlastos &
signed the brief
Casper,
appeared
argument
appellee.
oral
ROSE, C.J., RAPER, THOMAS
Before
*,
ROONEY, JJ.,
D.J.
and BROWN
Judge
argument
at time
effective
District
of oral
when
now retired.
Justice of this court
assigned upon
McCLINTOCK, J.,
recusal of
March
ROONEY,
“(b)
husband, wife,
If the deceased left a
of
person.
sentative
the deceased
child, father,
mother,
or
no debt of the
may
deceased
pro-
satisfied out of the
“(b)
husband,
If
wife,
the decedеnt left a
any
ceeds of
judgment obtained in any
child,
mother,
father or
no debt of the
action brought under the provisions of
may
be satisfied out of
pro-
this section.
ceeds of any judgment obtained in any
“(c) The court or jury,
may
as the case
action
provisions
under the
be, in every such action
award
may
such
this section.
damages, pecuniary
exemplary,
and
as
“(c) The
jury
may
court or
in the action
shall be
just.
deemed fair and
Every
damages, pecuniary
award such
and ex-
person for whose benefit such action is
emplary,
just.
as it deems fair
Every
brought, may prove
respective
his
dam-
person for whose benefit
the action is
ages, and the court or jury may award
brought may prove
respective
his
dam-
such person
damages
that amount of
to
ages
jury may
and the court or
award the
which
entitled,
it
person
considers such
person
that amount of
to which
including damages
probable
loss
entitled,
person
considers the
including
future companionship, society and com-
damages for
probable
loss of
future com-
fort.
panionship, society and comfort.
“(d) Every such action shall be com-
“(d) Every such action shall be com-
menced within two years after the death
(2)
menced within two
years-after
of such deceased person.”
person.”
death of the deceased
During revision
1977,
Civil Code
2-14-202.
made minor wording
changes in the act and
April
renumbered it to
The Probate
effective
Code became
1-38-102,
1-38-101 and
1, 1980,
§§
4,
W.S.1977.
provided
in Ch.
S.L.
§
April wrongful
brought.
was filed
death could be
The ille-
1980. This
Wyoming
to
is a
words
subject
gitimate
child
child within the
and is therefore
2-14-202,
2-14-202(b), supra,
2-14-201 and
used
the intent
provisions
illegitimate
recited
to
child within those
include
rather
to be
the act is
ex-
by appellant.
benefited
there
presented
issue
with
pressed.
expressiоn
There
no such
purpose
basic
wife.
reference to a divorced
forth
Jordan v. Delta
is set
amendment
legislative history
1-38-
102(b)
legisla
reflects
intention
(1975), 78 A.L.R.3d
* n
“ * *
the traditional rule
stray
ture
from
under the for-
jury
The court
dependence to the extent
beneficiary
sum
lump
returned a
award.
practice
mer
suggested
propounded by
according
divided
arbitrarily
It
hereto.1 As
intro
originally
the dissent
regard
intestacy
laws of
without
duced,
(b) provided:
subsection
heir
have been entitled
fact that one
wife,
husband,
statutory
“If
left a
more or less than the
share.
the deceased
brother,
child, father, mother,
sister,
permits each
The amendment
child,
deceased
prove
child or children of a
claiming
loss to demand
out
recover,
deceased
be satisfied
damage and
if
debt of the
or her individual
judgment
be fair
obtained
proceeds
any
shown to the court
*5
brought
provi-
in
under the
just.”
any action
sions of this section.”
require-
(1)
in
the
specific
The statute is
“shall
The
recom-
Judiciary
ment that the action
be
House
Committee
“brother,
of
sis-
personal representa-
deletion
the words
and in the name of the
mended
child,”
deceased,”
ter,
of a deceased
(2)
thе direction
or child or children
tive
debt
be
was so amended.
may
that “no
of the deceased
satis-
and the bill
any judgment”
out of
of
proceeds
fied
the
expressed
The
thus
legislative intention
husband, wife, child,
if the
“left a
decedent
of
be
recipients
was to
the
benefits to
limit
father mother.”
the statute.
derived from
representa-
Appellant
personal
not the
is
use of
has seized
satisfy
and cannot
that
tive of
deceased
2-14-202(c),
person” in
“every
the words
respect.
the statute in that
requirement of
attempt to convince the
supra, in an
to in
enough
are broad
such words
arguendo that
Assuming
what
determining
obligation
In
that the
clude an ex-wife.
correct
her assertion
means,
to the
we must refer
“every
person”
installments
payment
of future
in consideration
of
entire
upon the death
Loren
enactment
did not terminate
are
words
used.
would then
in which these
obligation
context
Harold
out of
a debt
could
be satisfied
be
which
in which the two
subsection
In
same
judgment
of a
proceeds
used,
are
damages
recoverable
words are
“
*
* *
surviving
left a wife
inasmuch
damages
loss
include
set out to
him.
society
companionship,
probable future
еle-
of these
inclusion
and comfort.”
holding
to the
Jordan
Appellant points
suggest
damages seems
supra,
sup-
ments of
v. Delta
“every per-
did not intend
language
the legislature
her
port
contention
It is difficult
enough
an ex-wife.
Act
to son” to include
Wrongful is broad
dam-
an ex-wife would suffer
case
believe that
simply
allow her action. The Jordan
socie-
companionship,
loss
age
was within
illegitimate
child
because
held that
conclude there-
We must
ty,
action for
person
class of
for whom the
comfort.
(1976);
Wyo.,
Town
through
481
of Clearmont
may
Legislative
intent
determined
Commission, Wyо.,
State,
P.2d
Highway
357
history.
legislative
601
State
Padilla v.
Voss,
(1961).
Adoption
Matter of
P.2d 189
person”
“every
intestacy.
the words
were
laws of
New causes
fore that
of action
more
to refer to a
restricted class
intended
persons
were not created and
entitled
appellant contends.
person
amend-
expanded by
recover were not
suggested
ment
in Jordan.
Jordan did
(in
The word
means each
‘every’
persons
not create a new class of
entitled to
part)
group
class or
dividual
number,
definite or
within
whether
indefinite in
recover but identifies another
* *”
the-
(Emphasis
existing
аdopt appellant’s
class. To
exception.
without
words
original.)
ory
magic
ex rel. Pierce v. Kun
ascribes a lot of
State
dert,
opening
4 Wis.2d
90 N.W.2d
would then be
“every person.” We
(1958).
and innova-
floodgates
“imaginative
“ ‘ * * *
Jordan, supra,
suggested
tive claims” as
“every” emphasizes
The word
ed that an award be divided in accordance designation “every person” was used. with the laws of The class intestacy. As we said in Basin Electric Power limited, persons entitled to recover was def- Control, Coopеrative v. Board State inite and narrow. takes Appellant (1978): 563 person” words “every out of context and « * * * n intent, ascertaining legislative have would us believe that the use of these must look to the mischief the we statute words in the amended act creates new clas- cure, was intended to the historical set persons sifications of who can recover under enactment, pub ting surrounding its the Wrongful Death Act and creates innu- state, the conclusions of policy lic merable new causes of action. prior contempo the law and all other urges this interpretation liberal even facts and circumstances. Carter raneous though the any act does not mention new 279, 131 Co., Thompson Realty Wyo. 58 of persons class who recover nor does may P.2d 297.” it provide any guidelines. criteria or death stat- holding genesis wrongful This is harmonious with our The of our passage of Lord Drilling Company, supra. Jordan v. Delta ute traces back to the respect With case, the issue in in 1846. The act England Act in Campbell’s Jor- dan merely illegitimate held an rule child reaction to the common-law was a 2-14-202(b), wrong- for contemplated supra, recovery child by which would not allow § Short, 1, 17, recover, further, 42 Wyo. as entitled to that the ful Tuttle v. death. on Recov- (1930); Speiser 1 were to be awarded as fair and 288 P. 529 (2d Ed.), just 1.8 and according ery Wrongful rather than be divided for Death §§
5H Death, 1 and 2 (1975); 1.9 22 be included within that class Am.Jur.2d of individuals §§ on (1965); Statutory 3 Sutherland Con- wrongful who to a parties made (1974). That (4th Ed.), 71.05 struction of the § death action. I believe the focus profitable criticized rule made more much as the majority opinion appellee’s as well plaintiff kill the for a defendant to wrong brief is that as a result both Ed.), (4th injure him. on Torts Prosser appellant’s have claim. mischaracterized 1.5. suрra, (1972); Speiser, § 902 1 p. background More and facts should enact- followed English The act was in addition to those supplied presented same with the ments in the United States majority opinion. The general for the same general provisions and district action filed in the purposes. Saffels, wife of de- brought by Frances M. have Traditionally, statutes of this kind death, personal at the of his cedent time surviving for been the benefit of always of Loren Ha- of the estate representative of the decedent and the family relatives guardian persons and as rold Saffels usually specifi- classes of beneficiaries are Kornegay, and estates Heidi Shawn 3.1; supra, 2 Speiser, restricted. 1 cally marriage, children previous her Wrongful on for Death Speiser Recovery appellant Minerva Gertrude (2d Ed.), through (1975); 10.21 10.1 §§ wife, stepchildren The here. Death, (1965); 47 and 48 Am.Jur.2d §§ filing the joined together in divorced wife Death, 34(1) (1966); 25A 15 and C.J.S. is not While title of action action. 904; Prosser, supra, p. at Annotation: in that have been proper it should as sub- “Right of personal repre- solely in the name creditors,” ject to claims of 35 A.L.R.2d all those entitled sentative behalf of “Brothers and Annotation: W.S.1977, 1980 recovеry, 2-14-202(a), Beneficiaries Within Sisters Deceased as defect. only a formal that is Replacement, Statute,” A.L. State it is a allegations that It is obvious from the R.3d 379 and that the wrongful death action stat- general purpose of these lant here is a claiming to be one on provide remedy whereby is to utes brought. whose behalf the action deceased, who or relatives of family W.S.1977, 2-14-202(c), 1980 Replacement. expected mainte- might naturally record material in the discloses nance or assistance from deceased had had married been lived, compensation rеcover from divorce. prior to their She years loss wrongdoer commensurate with the his surviv- age. was married to years He 15, p. *7 25A Death 592 sustained.” C.J.S. 2, widow, 43, 1978 age September ing of was March and his date for amend setting the historical He had months later. seven approximately Act, of Wyoming’s ment his wid- of minor children adopted the distributing the recovered purpose its also was ow, the action on whose behalf proven rather damages fairly justly brought. heirs, language equally among summary judg- partial for a The motion do not reflect of the amended act itself appellant and оnly directed a of ment was create new cause legislative intent to had the decedent for whom stepchildren rule action or to from the traditional stray We need obligation support. of by beneficiary propounded legal dependence of I note regard, but in that no decision appellant. make appellee’s position. of incongruity as an this Affirmed. action, pursuant to divorce Appellant, RAPER, Justice, dissenting. by be paid alimony awarded was The award Loren Harold Saffels. my it is compelled I am to dissent since per month clearly required рayment $300 appellant that intended view the decree intended. period years. of ten Under Jordan Delta [Citation.]” to- appellant payments was still entitled to $33,750 at the of her ex-hus-
taling
time
(1975), A.L.R.3d 1215.
However,
acknowl-
appellant
band’s death.
therefore, has the
Appellant,
qualification
alimony
as far as the
edges
right to
party
to be a
by
intended
regular
assets of his
estate
concerned
action,
damages.2
i. e.
death of either
upon
party
terminates
damages
deprive
would not
recovery
Her
Warren, Wyo.,
Warren v.
divorce.
surviving
damages,
wife of
nor
any
(1961).1
Accordingly,
ize, invitation, imaginative without will be made under innovative claims version of amended law of Wyoming.” fit since then has seen scope any language narrow claiming alimony or- wives
exclude divorced *9 concept expressed change in this ex- physical placement 5. The Herrera, supra. cerpt “Wyoming from DeHerrera does statutes in the Probate Code”
