Johnson v. Marias River Electric Cooperative, Inc.

The issue in this case is whether minor children of a decedent who is survived by his spouse are proper parties in a wrongful death action after the enactment of Sections 71-2-103(18), and 72-2-202, MCA, of the Uniform Probate Code.

*520We hold that the issue of a decedent who is survived by his spouse may maintain an action for damages under Section 27-1-513, MCA.

The conflict in the statutes arises in this way: The wrongful death statute, Section 27-1-513, MCA, provides that in case of the wrongful death of an adult “his heirs', or personal representatives” may maintain an action for damages…