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Carrasco v. State3/8/2001
me court construed in Bowslaugh, has not changed since that decision.
Theresa also argues that our supr eme court strictly inter preted § 12-612(A) because it determined " cause of action for wrongful death is purely statutor y in origin and we must adhere to the plain language of the statute, leaving any deficiencies or inequities to be corrected by the legislature. " Bowslaugh, 126 Ariz. at 519, 617 P.2d at 27. And, her argument continues, because our supreme court has since recognized that wrongful death actions have common law attributes, see Summerfield v. Superior Court, 144 Ar iz. 467, 698 P. 2d 712 (1985), a str ict interpretation of § 12-612(A) is no longer necessary.
But the supreme court in Summerfield recognized that the legislature had fully occupied the field of identifying wrongful death beneficiaries. 144 Ariz. at 472, 698 P. 2d at 717. And it specifically stated it had not " retr eated" from Bowslaugh's holding that specific legislative intent may control. Summerfield, 144 Ar iz. at 473-74, 698 P. 2d at 718-19. The language of § 12-612(A) has not changed in such a way that the statute is no longer a " legislative enactment clear on its face." Bowslaugh, 126 Ar iz. at 519, 617 P. 2d at 27. We cannot deviate from controlling supreme court decisions. City of Phoenix v. Leroy's Liquors, Inc., 177 Ar iz. 375, 378, 868 P. 2d 958, 961 (App. 1993). Although Nancy may not have been a desirable beneficiary for practical purposes, she survived Sky and was legally a proper wrongful death beneficiary under § 12-612(A). Sky's estate, therefore, was not a proper beneficiary. Bowslaugh.
Summary judgment in favor of CPS is affirmed.
JOSEPH W. HOWARD, Presiding Judge
CONCURRING:
PHILIP G. ESPINOSA, Chief Judge
WILLIAM E. DRUKE, Judge
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