Arendt v. Kratz
| Decision Date | 06 February 1951 |
| Citation | 46 N.W.2d 219,258 Wis. 437 |
| Parties | ARENDT et al. v. KRATZ et al. |
| Court | Wisconsin Supreme Court |
McCue, Regan & McCue, Milwaukee, Evrard & Evrard and Duffy, Holman & Faulds, all of Green Bay, for appellants.
McHale & Goodnough, Antigo, for respondents.
The complaint shows that on July 3, 1949 a certain Mr. Michiels was driving an automobile in which his wife and only child were passengers. He dollided with an automobile driven by Kratz. Both drivers are alleged to have been causally negligent. Mrs. Michiels was killed instantly and the child died a few days later. Several months later Mr. Michiels died. No action had been commenced by or for any of these persons before the death of Mr. Michiels. There was no cause of action in favor of Mrs. Michiels' estate and, after Mr. Michiels' death, Mr. and Mrs. Arendt, who are the parents of Mrs. Michiels, commenced this action against Kratz for the wrongful death of their daughter, under secs. 331.03 and 331.04, Stats. of 1947, for pecuniary loss as permitted by sec. 331.04(1), Stats., and for loss of their daughter's society as permitted by sec. 331.04(2), Stats. Sec. 331.03, Stats. of 1947 declares that a cause of action against a tort feasor survives the person whose death was caused by the tort. The material parts of sec. 331.04, Stats. are:
Who to bring action; damages limited. (1)(a) Every such action shall be brought by and in the name of the personal representative of such deceased person, and the amount recovered shall belong and be paid over to the husband or widow of such deceased person, if such relative survive him or her; but if no husband or widow survive the deceased the amount recovered shall be paid over to his or her lineal descendants and to his or her lineal ancestors in default of such descendants, but if no husband, or widow, or lineal descendant, or ancestor survive the deceased, the amount recovered shall be paid over to the brothers and sisters; and in every such action the jury may give such damages, not exceeding $12,500, as they may deem fair and just in reference to the pecuniary injury, resulting from such death to the relatives of the deceased specified in this section; and a nonresident alien surviving wife and minor children shall be entitled to the benefits of this section. If any of the foregoing relatives shall die at any time after such cause of action shall have accrued, the relative or relatives next in order named above shall be entitled to recover for the wrongful death of the deceased; provided, that if there be no cause of action in favor of the estate of such decedent and the person or persons to whom the whole amount sued for and recovered belongs, as above provided, shall be the husband, widow, or parent or parents, lineal descendant or ancestors, brothers or sisters of the deceased, suit may at his or her or their option be brought directly in his or her or their name or names instead of being brought in the name of the personal representative of such deceased person.
'(b) * * *
'(2) In addition to the benefits provided for in subsection (1), a sum not exceeding $2,500 for loss of society and companionship shall accrue to the parent or parents or husband or wife of the deceased.'
Defendant demurred on the ground that the complaint did not state a cause of action. He submits that upon the death of Mrs. Michiels the causes of action for pecuniary loss and loss of society accrued to Mr. Michiels and that upon his death his rights passed to his parents and not to the parents of his wife. The defendant also argues that since Mr. Michiels was a joint tort feasor he had no right of action against himself and...
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Chang v. State Farm Mut. Auto. Ins. Co., 92-1336
... ... See, Arendt v. Kratz, 258 Wis. 437, 441, 46 N.W.2d 219 (1951); Nichols v. United States Fidelity & Guaranty Co., 13 Wis.2d 491, 497, 109 N.W.2d 131 (1961); and ... ...
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Lornson v. Siddiqui
...statute." Eleason, 254 Wis. at 139, 35 N.W.2d 301; see also Herro v. Steidl, 255 Wis. 65, 68, 37 N.W.2d 874 (1949); Arendt v. Kratz, 258 Wis. 437, 441, 46 N.W.2d 219 (1951); Murray v. Dewar, 6 Wis.2d 411, 94 N.W.2d 635 (1959); Collins v. Gee, 82 Wis.2d 376, 382-83, 263 N.W.2d 158 (1978) ("[......
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Nichols v. U.S. Fidelity & Guaranty Co.
...by statute and is vested in the beneficiaries designated therein and in accordance with the contingencies named. Arendt v. Kratz, 1951, 258 Wis. 437, 46 N.W.2d 219. Each class of beneficiaries has a new and independent right to sue for its own pecuniary loss if no prior beneficiary exists. ......
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Cogger v. Trudell
...by statute and is vested in the beneficiaries designated therein and in accordance with the contingencies named. Arendt v. Kratz, 1951, 258 Wis. 437, 46 N.W.2d 219. Each class of beneficiaries has a new and independent right to sue for its own pecuniary loss if no prior beneficiary exists. ......