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Knauss v. DND Neffson Co.11/6/1997
person's interest in the controversy is such that no final judgment or decree can be entered which will do Justice between the parties actually before the court, without injuriously affecting the rights of others not brought into the action.'") (quoting Bolin v. Superior Court, 85 Ariz. 131, 134, 333 P.2d 295, 297 (1958)).
We reject the mall defendants' attempt to limit § 12-612(B) to parents of deceased minor children. Our supreme court has identified any of the following as "proper parties plaintiff" in a wrongful death action: the surviving husband or wife, the personal representative, a parent, or the guardian. Solomon, 107 Ariz. at 428, 489 P.2d at 238. Moreover, § 12-612(B) expressly permits either parent to maintain a wrongful death action for death of a child. Despite the statutory definitions in § 1-215(5), Arizona courts have not limited the term "children" in § 12-612(A) to minors, but rather have recognized adult children's status and right to recovery as statutory beneficiaries under subsections (A) and (C). See Williams v. Superior Court, 169 Ariz. 468, 470, 820 P.2d 332, 334 (App. 1991) (recognizing surviving adult child's right to attend all depositions and participate in damage-related procedures and noting that " n a wrongful death action the only statutory plaintiff may be a surviving spouse, or a personal representative, parent, or guardian"); Sedillo v. City of Flagstaff, 153 Ariz. 478, 737 P.2d 1377 (App. 1987); cf. Hurt v. Superior Court, 124 Ariz. 45, 50, 601 P.2d 1329, 1334 (1979) (" oth a surviving parent and surviving child may recover for the wrongful death if either has been damaged by the death.").There is no indication that the legislature intended the term "child" in subsection (B) to have or be given a different or more restrictive meaning than that ascribed to "children" in subsection (A), and we are not inclined to do so. As our supreme court has stated, "we must adhere to the plain language of the statute, leaving any deficiencies or inequities to be corrected by the legislature." Bowslaugh v. Bowslaugh, 126 Ariz. 517, 519, 617 P.2d 25, 27 (1979). Accordingly, plaintiff is entitled to maintain this action as decedent's surviving parent.
CONCLUSION
For the reasons stated above, we hold plaintiff is a proper party to bring this action under A.R.S. § 12-612. We affirm the judgment for Walden, reverse the partial summary judgment for the mall defendants, and remand for further proceedings consistent with this decision.
JOHN PELANDER, Presiding Judge
CONCURRING:
PHILIP G. ESPINOSA, Judge
JOSEPH W. HOWARD, Judge
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