Patten v. Olson

VOGEL, Justice.

This appeal involves interpretation of North Dakota’s Death By Wrongful Act statute, Chapter 32-21.

Pamela Ellen Garland died of injuries incurred in an automobile accident. She was married to Darryl Garland, from whom she had separated. She was living with her parents, the Pattens, the plaintiffs and appellants in the case before us. Her husband’s attorney had drawn a complaint for a divorce and asked her to agree to a proposed divorce settlement, but she had refused to do so. The divorce complaint had never been filed in court.

After her death, the adjusters for the insurance…