McKinney v. Richitelli

EDMUNDS, Justice.

Plaintiff Karen McKinney, acting individually and as the personal representative of the estate of her deceased son, Michael Edward McKinney 1 (Michael), brought this declaratory action against Michael’s father, James Everett Richitelli (defendant), to determine the rights of the parties with respect to any proceeds of Michael’s estate and to any proceeds of a wrongful death action brought on Michael’s behalf. The Court of Appeals reversed the trial court’s entry of summary judgment in favor of plaintiff. For the reasons discussed herein, we reverse the decision of the Court…