Wynkoop v. Carpenter

OPINION

DANIEL F. FOLEY, Judge. *

The district court erroneously ruled that a deceased minor’s surviving sibling could not recover under the wrongful death statute, because the decedent was survived by both of his parents. As a result of this ruling, the jury did not consider the surviving sibling’s pecuniary loss and returned a special verdict awarding damages only to the parents. We vacate the judgment of the district court and remand for a new trial on the issue of damages to the decedent’s parents and sibling.

FACTS

Ian Wynkoop was a passenger in a ear driven by 16-year-^ld Laurie Carpenter.…