Chapter 11 - § 11.9 WHERE MULTIPLE PARTIES BRING A WRONGFUL DEATH ACTION AS PLAINTIFFS, NO REQUIREMENT EXISTS FOR EACH PLAINTIFF TO PROVE PERSONAL DAMAGES

• Jurisdiction: Colorado

§ 11.9 WHERE MULTIPLE PARTIES BRING A WRONGFUL DEATH ACTION AS PLAINTIFFS, NO REQUIREMENT EXISTS FOR EACH PLAINTIFF TO PROVE PERSONAL DAMAGES

Reigel v. SavaSeniorCare L.L.C., 292 P.3d 977 (Colo. App. 2011), was a wrongful death action against a nursing home based upon its alleged negligence in failing to provide proper medical care to an elderly resident, who subsequently died as a result of a heart attack. The decedent's wife and sons brought a wrongful death action against the nursing home and several related entities. The trial court directed a verdict against the sons on the ground that they were required to prove they had individually sustained non-economic damages but had failed to do so. The court of appeals reversed, holding that the trial court erred by ruling that the sons had to prove personal damages as an element of their wrongful death claim.

The court of appeals addressed the question "whether, when multiple plaintiffs bring a wrongful death action based on a decedent's death and the plaintiffs only seek damages for noneconomic losses, each plaintiff must establish that he personally suffered damages or noneconomic losses to remain a party to the action." 292 P.3d at 995. The court found that under the plain language of the Wrongful Death Act, such a burden does not exist.

The court noted that under C.R.S. §§ 13-21-201 and -202, the decedent's spouse and heirs are authorized to bring an action to seek damages caused by the defendant's negligence. Under the "one action rule" contained in C.R.S. § 13-21-203(1)(a), they can only bring one action, and pursuant to C.R.S. § 13-21-201(2), they jointly own any judgment obtained in...