Butler v. Halstead by and Through Colley

THOMAS, Justice.

The only question to be resolved in this case is whether a decedent’s mother and siblings are included in the statutory phrase “every person for whose benefit such action is brought,” found in § l-38-102(c), W.S.1977, thus permitting them to join in an action for wrongful death, brought pursuant to § 1-38-101, W.S.1977, when the decedent leaves a surviving child. The district court, relying upon Wetering v. Eisele, 682 P.2d 1055 (Wyo.1984), ruled, in a declaratory judgment action, that the surviving child “is the only person for whose benefit an action can be brought for the…