When sixteen year old Byron Trent Pyles died as a result of a Locust Grove, Georgia, police van veering into oncoming traffic, it set off a series of lawsuits over who had the right to sue for his wrongful death. The boy's parents filed a wrongful death action against the police officer and the Locust Grove Police. Under Georgia law, if there is no surviving spouse and no children, then the right to maintain the suit belongs to the parents. However, in this case, Pyles' daughter was born five months after his death and a wrongful death action was filed on behalf of the infant.
A wrongful death occurs when a person is killed by the negligence or reckless conduct of another and Georgia law permits certain parties to sue for the wrongful death. Specifically, the spouse has the first right to sue, if there is no spouse, the children of the deceased have the right to maintain the suit and if no children, then the parents of the deceased may sue. This week the Georgia Court of Appeals found in favor of the child permitting her suit to go forward and disallowing the boy's parents any right to recovery under the wrongful death statute.
While Pyles' parents desire to recover for the death of their son is understandable, there is no wiggle room in the statute. The Georgia Appellate Court held that the wrongful death statute would be interpreted under the usual rules of inheritance where a child born within 10 months of a decedent's death has the same rights of inheritance as a child who was alive at the time of decedent's death.
