Garza v. Maverick Market, Inc.

I respectfully dissent.

The majority holds that an illegitimate child has standing to sue for the wrongful death of his putative father even though paternity was never formally established pursuant to statutory requirements. This holding will encourage the filing of spurious claims and inject intolerable uncertainty into wrongful death claims. It is also contrary to the legislative intent of the Wrongful Death Act, I would require that an illegitimate child must be statutorily recognized pursuant to the Family Code before the child has standing to bring a wrongful death action.

At common law no…