FRAZIER v. Oil Chemical Co.

Opinion by

Mr. Justice Benjamin E. Jones,

This appeal presents an interesting, albeit a narrow, issue: Do children born out of wedlock have a right to share in the recovery of damages for the death of their father in an action instituted under the survival and wrongful death statutes?

As personal representative of the estate of Claude Frazier, deceased, Alberta Frazier instituted an action, 1 under the survival statute 2 and the wrongful death statute, 3 in the Court of Common Pleas of Delaware County against the Oil Chemical Co., Inc. for the recovery of damages arising from the death of Claude…