Lueck v. Superior Court in & for the County of Cochise

MOLLOY, Chief Judge.

This court has issued a writ of certiorari to review the propriety of a denial of a motion to file an amended complaint in a wrongful death action. The motion seeks to add the surviving parents of the deceased as additional named beneficiaries to a complaint filed by the surviving widow of the deceased for herself and two surviving minor children. The trial court denied the motion to amend because it was of the opinion that surviving parents are not heirs of a deceased child when there is either a surviving spouse or a surviving child and that, hence, they are not…