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Tolbert v. Maner6/14/1999
s who are entitled to bring a claim and recover for wrongful death are surviving spouses and surviving children. Under subsection (b)(2), however, if a wrongful death action is brought by surviving children and one of them dies during the action's pendency, then the deceased child's interest in the action survives in his or her surviving children, if any. Under subsection (d)(1), the deceased child's children shall be entitled to take a per stirpes share of any recovery that is obtained. However, subsection (d)(1) does not, standing alone, expand the scope of permissible plaintiffs in a wrongful death claim, as plainly set forth in subsection (a).
Judgment reversed. All the Justices concur.
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