Boling v. Renaud

I respectfully dissent. Contrary to the conclusion of the majority, I do not believe that "it was the intent of the Legislature to create a class of recipients under subsection 3(a) of the wrongful death act that would not *592also be entitled to take under our laws of intestacy.” Ante at 590. Neither the legislative history nor a plain reading of the wrongful death statute compels such a result.

Although it is true that appellant could not recover as an heir pursuant to MCL 700.110(3); MSA 27.5110(3) because she had been adopted, she was still a lineal descendant of the decedent. Therefore,…