# Gray v. Goodson

> Washington Supreme Court · January 31, 1963 · 61 Wash. 2d 319

URL: https://www.frixlaw.com/law-library/cases/9533061

## Case

- **Full name:** Gladys Gray, as Administratrix, Appellant, v. R. L. Goodson Et Al., Respondents; Gladys Gray, as Administratrix, Appellant, v. General Motors Corporation, Respondent
- **Court:** Washington Supreme Court
- **Decided:** January 31, 1963
- **Citations:** 61 Wash. 2d 319; 378 P.2d 413; 1963 Wash. LEXIS 446
- **Precedential status:** Published
- **Opinion:** Dissent by Ott
- **Judges:** Hunter, Ott
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9533061

## How later opinions describe it (automated extraction)

- stating that the wrongful death statutes create new causes of action for the benefit of specific surviving relatives to compensate for losses caused to them by the decedent’s death”
- noting “that the [wrongful death] statute, being remedial in nature, is to be liberally construed”

## Opinion text

Ott, C. J.
(dissenting) — September 28, 1956, Eugene Robert Woods died as the result of injuries received in an automobile accident. He was survived by his wife, Effie. They had no children, nor did Eugene Woods have either sisters, brothers or parents who survived him. Effie Woods commenced these separate actions for damages against the alleged tort-feasors of her husband. She died while her claims of action were pending. Gladys Gray was substituted as administratrix of the estate of Eugene Robert Woods, deceased, and, as such administratrix, sought to continue the actions. The defendants moved to dismiss both claims *331 for the reason that they abated upon the death of Effie Woods. From a judgment of dismissal, the administratrix has appealed.
The sole issue on appeal is: Did the statutory claims of Effie Woods, which had not culminated in a judgment during her lifetime, abate upon her death?
RCW 4.20.010 provides in part:
“When the death of a person is caused by the wrongful act, neglect or default of another his personal representative may maintain an action for damages against the person causing the death; ...” (Italics mine.)
RCW 4.20.020 provides in part:
“Every such action shall he for the benefit of the wife, husband, child or children of the person whose death shall have been so caused. If there be no wife or husband or child or children, such action may be maintained for the benefit of the parents, sisters or minor brothers, who may be dependent upon the deceased person for support, and who are resident within the United States at the time of his death.” (Italics mine.)
RCW 4.20.050 provides:
“No action shall abate by the death, marriage or other disability of the party, or by the transfer of any interest therein, if the cause of action survives or continues; but the court may at any time within one year thereafter, on motion, allow the action to be continued by or against his representatives or successors in interest.”
RCW 4.20.010 authorizes the personal representative of the deceased to maintain a wrongful death claim against alleged tort-feasors for the benefit of a limited class of persons. RCW 4.20.020 designates these persons to be the husband or wife of the deceased, or a child or children of the deceased, or, if none of these classes survives, then the parents, sisters or brothers of the deceased.
At the time Effie Woods qualified as the personal representative of the deceased, Eugene Robert Woods, she was the only living statutory beneficiary who could receive the benefit of the claims of action, in the event she established liability on the part of the alleged tort-feasors. Therefore, the statutory claims of action by the personal representative *332 of Eugene Woods abated upon .the death of the. only beneficiary capable of taking thereunder.
The majority hold that, because Effie Woods survived her husband, she had a vested right in a claim for damages against the alleged tort-feasors of Eugene Robert Woods, deceased, which inured to her statutory heirs.-
In my opinion, this determination is without merit for two reasons:
(1) Such a cause of action (if any exists) could be maintained only by the personal representative of Effie Woods, deceased. Gladys Gray is the personal representative of Eugene Robert Woods, deceased. Gladys Gray, according to the record before us, has not qualified as the personal representative of Effie Woods; hence, she has no authority to seek damages for Effie Woods’ estate.
(2) Effie Woods’ claims were, by statute, not a property right, but simply a right to seek a personal benefit. Such personal claims of action abated upon her death. Marvin v. McCall & McDonald, Inc., 57 Wn. (2d) 906, 357 P. (2d) 173 (1960), and case cited.
The judgment of the trial court should be affirmed.
Hill and Donworth, JJ., concur with Ott, C. J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9533061. Public record. Not legal advice.