Crane on Behalf of Cook v. Makelburg

TURSI, Judge.

Plaintiff, Stevee Christon Crane Cook, alleged posthumous child of Steve W. Crane (decedent), by Jack Crane, the personal representative of decedent’s estate, and by Rhonda Lee Cook, plaintiff’s mother and next friend, appeals the trial court’s dismissal of her wrongful death claim against defendant, Mark Mekelburg. Plaintiff argues that the trial court erred in ruling that a previous wrongful death action maintained in Wyoming was res judi-cata as to her claim. We reverse.

In June 1980, decedent was killed in Wyoming while a passenger in a car driven by defendant. On March 10,…