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Weavel v. U.S. Fidelity & Guar. Co.12/29/1992
o recover. However, the Supreme Court did not hold that the parents' rights could be exercised in separate actions, or that the natural father would be barred from joining the mother's action if he desired to do so.
The Court in Gaither merely found the mother had no duty to "seek out and bring in other parties who may or may not have standing". Gaither, at 1029. If the Supreme Court modified its previous holdings as to the joint interests of parents, it was only to that limited degree.
We find the long standing rule restricting wrongful death recovery to one action still to be the law in Oklahoma. The benefits to all those entitled under the law to recover must flow from that one action. Because Susan Weavel's action seeking recovery for Shannon Weavel's death was pending when Appellant filed his action against the same defendants, the trial court was correct as a matter of law in dismissing Appellant's action.
Appellant argues in his second briefed proposition that Susan Weavel was estopped from securing appointment as personal representative of Shannon Weavel's estate by her election to pursue an individual action in wrongful death. That question is not properly before this Court.
Susan Weavel's appointment as personal representative arose as a probate matter and was the subject of Monte Weavel's appeal in Case No. 78,922. That appeal was determined by the Supreme Court's order of dismissal dated April 6, 1992. The probate court order appointing Susan Weavel personal representative of Shannon Weavel's estates is now final and is beyond our consideration.
The order of the trial court dismissing Appellant's petition is AFFIRMED.
BAILEY, P.J., and HUNTER, J., concur.
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