Winn v. Gilroy

Petitioner is the personal representative of the estates of her two minor children who died in an automobile collision while traveling in an automobile driven by their father, defendant Steven A. Winn. She commenced wrongful death actions against both drivers, alleging that each was responsible for the collision by one or more of several specifications of negligent driving, as well as “wilful” driving while intoxicated. The Court of Appeals summarized the facts alleged in the complaint as follows:

“Plaintiff, decedents’ mother, and defendant Winn were husband and wife. At the time of the…