Angela M. Smith, Personal Representatives of the Estate of Peter A. Smith v. John R. Henson

Summary

The court held that the applicable wrongful-death statute did not permit recovery for pecuniary injuries when no statutory beneficiary suffered a prospective financial loss and the claimed loss was asserted only by the estate. The court found the statute ambiguous, relied on its legislative history and the rule against expanding statutes in derogation of the common law, and concluded that the estate could not recover the decedent's projected future earnings. The court vacated the pecuniary-injury portion of the judgment and remanded for entry of a modified judgment.