Savilla v. Speedway Superamerica, LLC

(Filed Dec. 27, 2006)

I concur with this Court’s opinion, and I write separately only to address matters raised by the dissent. The dissent concludes its first section with the statement that this Court’s holding in Collins v. Dravo Contracting Co., 114 W.Va. 229, 171 S.E. 757 (1933), was flatly wrong.1 The dissent asserts, contrary to the holding in Collins, that a representative of the estate of a decedent is not authorized to bring a cause of action for a widow/widower, child, or dependent of that decedent.

The authority of a decedent’s personal representative to assert a deliberate…