Reighley v. International Playtex, Inc.

ORDER

JOHN P. MOORE, District Judge.

This is a “toxic shock” case in which plaintiff, Stephen L. Reighley, sues individually and on behalf of his two minor children, Matthew and Whitney, for the injuries which resulted in the death of Sally Reighley, plaintiff’s wife. Defendant, International Playtex, Inc., seeks partial summary judgment to dismiss the claims of the minor children from the suit on the grounds that: (1) Colo.Rev.Stat. § 13-21-201 (1973) vests the sole right to bring a wrongful death action in the surviving spouse; (2) only the personal representative of the deceased may bring a…