Chase v. Greyhound Lines, Inc.

195 S.E.2d 810, 156 W. Va. 444, 62 A.L.R. 3d 1284, 1973 W. Va. LEXIS 235
CourtWest Virginia Supreme Court
DecidedFebruary 27, 1973
DocketCC 884
StatusPublished
Cited by15 cases

This text of 195 S.E.2d 810 (Chase v. Greyhound Lines, Inc.) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chase v. Greyhound Lines, Inc., 195 S.E.2d 810, 156 W. Va. 444, 62 A.L.R. 3d 1284, 1973 W. Va. LEXIS 235 (W. Va. 1973).

Opinions

Sprouse, Judge:

This case, which is before the Court on certification from the Circuit Court of Marion County involves a civil action instituted in that court by the plaintiff, Eugene F. Chase, as the executor of the estate of his wife, Rosalie R. Chase, against Greyhound Lines, Inc., Henderson Manufacturing Company, Ridge Runner Industries, Inc., and Stephen E. Chase, as the defendants, to recover damages for the death of the plaintiff’s decedent. However, the questions certified for decision relate solely to whether the civil action may be maintained against the defendant, Stephen E. Chase, who is the natural son of the plaintiff and his deceased wife.

On the 19th day of July, 1971, the defendant Stephen E. Chase, then sixteen years of age and an unemancipated child, was driving a 1968 Ford truck which was owned by the plaintiff in his individual capacity. The family had been attending a religious meeting near Harrisburg, Pennsylvania, and while there utilized a “camper”. On the trip from Harrisburg to Marion County, West Virginia, the defendant Stephen E. Chase, was driving the truck which pulled the camper. The deceased, Rosalie R. Chase, was riding in the camper. At a place near Napier Township, Bedford County, Pennsylvania, on the Pennsylvania Turnpike, the camper was struck in the left rear by a bus owned by Greyhound Lines, Inc. As a result of the collision, Rosalie R. Chase was thrown from the camper, and died as a result of the injuries she received. On August 3, 1971, the plaintiff was appointed and duly qualified as the executor of the estate of his deceased wife. The decedent left the following survivors: Her surviving spouse, Eugene F. Chase; surviving children: Stephen E. Chase, Trujean Chase, Mary Jo Bates, Rebecca Pitrolo, Kathleen McCarty, Nancy Long, Glenna Chicas and Elizabeth Fawcett.

[447]*447The plaintiff filed his complaint in the Circuit Court of Marion County, West Virginia, in July, 1972. The defendant, Stephen E. Chase, on September 15, 1972, moved to dismiss the complaint against him on the ground that the plaintiff’s cause of action against him was barred by the public policy of the law of this State which prohibits an action for personal injuries between a parent and child. A stipulation between counsel for the plaintiff and the defendant, Stephen E. Chase, concerning the essential facts of the case was attached to and made a part of the motion to dismiss.

By an order entered on October 17, 1972, the Circuit Court of Marion County granted the defendant’s motion to dismiss the complaint, and directed that the ruling be certified to this Court, staying the proceedings in the action pending the decision of the questions certified.

The questions certified by the Circuit Court of Marion County, upon its own motion and the motion of counsel for the plaintiff, are as follows:

“1. Can the executor of a deceased mother maintain an action in West Virginia, under the Pennsylvania law, for the wrongful death, alleging simple negligence, against a surviving unemancipated child for damages arising out of an accident causing the death of the mother, where the beneficiaries named are infant and adult sisters of the defendant, the father, and the defendant.
“2. Can the said executor maintain said action in West Virginia, under the Pennsylvania law, for the funeral expenses and other expenses, the recovery of which is demanded in the complaint.”

Although the circuit court’s inquiry consists of two questions, it is essentially comprised of four basic questions, each requiring separate examination under our public policy relating to intrafamily immunity. The four basic parts to the certified questions are treated separately: Can such an action as the instant one be maintained against the infant defendant son when the [448]*448beneficiaries are (1) the infant and adult sisters of the defendant; (2) the father; (3) the defendant; and (4) the father as executor to the extent of the funeral expenses?

The wrongful death complained of in this action occurred in Pennsylvania. The wrongful death statutes of that Commonwealth, therefore, govern the substantive law applicable to this case unless barred by our public policy. This Court has held repeatedly that the substantive law of the lex loci shall apply in transitory actions unless contrary to the public policy of the lex fori. Lambert v. The Great Atlantic and Pacific Tea Company, 155 W.Va. 397, pt. 1 syl., 184 S.E.2d 118; Edwards v. Lynch, 154 W.Va. 388, pt. 1 syl., 175 S.E.2d 632; Thornsbury v. Thornsbury, 147 W.Va. 771, pt. 1 syl., 131 S.E.2d 713; Poling v. Poling, 116 W.Va. 187, 179 S.E. 604.

The applicable provisions of the wrongful death statutes of Pennsylvania are as follows:

12 P.S. § 1601: “Whenever death shall be occasioned by unlawful violence or negligence, and no suit for damages be brought by the party injured during his or her life, the widow of any such deceased, or if there be no widow, the personal representatives may maintain an action for and recover damages for the death thus occasioned.”
12 P.S. § 1602: “The persons entitled to recover damages for any injuries causing death shall be the husband, widow, children, or parents of the deceased, and no other relatives; * * * and the sum recovered shall go to them in the proportion they would take his or her personal estate in case of intestacy, and that without liability to creditors under the laws of this Commonwealth. * * * ”
12 P.S. § 1604: “ * * * and plaintiff may also recover the reasonable funeral expenses of the deceased, if plaintiff has paid or incurred such expenses.”

The uncontroverted interpretation of these statutes by the courts of Pennsylvania is that a cause of action for [449]*449wrongful death accrues directly to the beneficiaries specifically designated by statute. Greene v. Basti, 391 F.2d 892, 894 (3rd Cir.); Pezzulli v. D’Ambrosia, 344 Pa. 643, 26 A.2d 659; Kaczorowski v. Kalkosinski, 321 Pa. 438, 440, 184 Atl. 663, 664.

Under Pennsylvania law the negligence of a beneficiary does not prohibit recovery under the wrongful death statutes unless no other members of the group exist. Such negligence on the part of a beneficiary merely prevents him from sharing in any recovery. Burns v. Goldberg, 210 F.2d 646, 649 (3rd Cir.); Stafford v. Roadway Transit Co., 70 F. Supp. 555; Minkin v. Minkin, 336 Pa. 449, 7 A.2d 461.

An action for wrongful death may be brought in Pennsylvania by an administrator or executor of the estate of a deceased person. Such an action, however, is maintainable not for the benefit of the estate of the deceased person but rather for the benefit of specifically enumerated beneficiaries. Funk v. Buckley & Co., 158 Pa. Super. 586, 45 A.2d 918; Minkin v. Minkin, 336 Pa. 449, 7 A.2d 461. The Superior Court of Pennsylvania held in the Funk

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Chase v. Greyhound Lines, Inc.
195 S.E.2d 810 (West Virginia Supreme Court, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
195 S.E.2d 810, 156 W. Va. 444, 62 A.L.R. 3d 1284, 1973 W. Va. LEXIS 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chase-v-greyhound-lines-inc-wva-1973.