Butler v. Halstead by and Through Colley

BROWN, Justice, Retired,

dissenting.

If stare decisis1 is a viable doctrine in Wyoming, this case should be affirmed.

Since the 1973 amendment, Wyoming’s wrongful death statute has had a tortured history. Before the 1973 amendment, the wrongful death statute provided in part:

Every such action shall be brought by, and in the name of, the personal representative of such deceased person; and the amount received in every such action shall be distributed to the parties and in the proportions provided by law, in relation to the distribution of personal estates left by persons dying intestate. In every…