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Tolbert v. Maner6/14/1999
In the Supreme Court of Georgia
Certiorari was granted to review the Court of Appeals' decision that the descendant of a child who predeceased a parent is entitled to recover in a wrongful death action filed by the deceased parent's surviving children. Our consideration of the Wrongful Death Act leads us to conclude that the statutory right to bring an action for wrongful death enures only to the decedent's spouse and children who are living at the time the action accrues. As the Act makes clear, only when a decedent's child is an original claimant in a wrongful death action, and only when that child dies during the pendency of the claim, can the child's descendants participate in any recovery. Accordingly, we reverse.
Rosabell Glover died intestate in April, 1995, apparently due to an allergic reaction to prescribed medication. Glover was survived by seven children, who collectively compromise the appellants in this matter. Glover also had an eighth child, William Maner, who died in 1960. Appellee Tyrone Maner is the only child of William Maner.
In 1995, appellants instituted a civil action consisting of two distinct claims. One claim, brought by the co-administratrices of Glover's estate, sought the recovery of medical expenses, funeral expenses, punitive damages, and compensation for Glover's pain and suffering (the "Estate Claim"). The other claim, brought by appellants, alleged wrongful death and sought the recovery of the full value of Glover's life (the "Wrongful Death Claim"). Both claims were eventually settled. Concerning appellee Tyrone Maner, appellants agreed that he was an heir to the estate of Glover and therefore was entitled to receive his deceased father's per stirpes share of any funds recovered from the Estate Claim, according to the laws of descent and distribution. However, appellants took the position that appellee Maner was not entitled to recover any proceeds from the Wrongful Death Claim, because his father predeceased Glover by approximately thirty-five years.
The trial court denied the appellants' motion for summary judgment and sua sponte granted summary judgment in favor of Maner. The trial court held that Maner, as a grandchild, was entitled to share in the Wrongful Death Claim recovery with the seven surviving children. The Court of Appeals affirmed the decision of the trial court and found that Maner could stand in the shoes of his father and recover for Glover's wrongful death under OCGA § 51-4-2.
1. There is no common law right to file a claim for wrongful death; the claim is entirely a statutory creation. In Georgia, wrongful death claims are only permitted under the auspices of the Wrongful Death Act, OCGA § 51-4-1, et seq. Being in derogation of common law, the scope of the Wrongful Death Act must be limited in strict accordance with the statutory language used therein, and such language can never be extended beyond its plain and ordinary meaning. "The express language of the Act will be followed literally and no exceptions to the requirements of the Act will be read into the statute by the courts." In construing any statute, we must, of course, give meaning to and harmonize all parts of the statute to give them sensible and intelligent effect, while avoiding constructions that make any part of the statute mere surplusage.
2. OCGA § 51-4-2 provides, in pertinent part, that:
"(a) The surviving spouse, or if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent. . . ."
"(b)(2) If an action for wrongful death is brought by a child or children . . . and
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