Benson v. Roberson

The Ginochio decision upon which the majority relies is not by any standard entitled to universal persuasion among jurisdictions. By relying on this California appellate court decision and thus avoiding an equal protection argument, the majority carefully ignores the line of cases handed down by the United States Supreme Court wherein that Court has held an illegitimate child may not be denied a cause of action for wrongful death of his mother because he is illegitimate,1 has struck down a workmen’s compensation statute which gave legitimate children a prior claim to recovery over…