Knodel v. Dickerman

431 S.E.2d 323, 246 Va. 124, 9 Va. Law Rep. 1478, 1993 Va. LEXIS 97
CourtSupreme Court of Virginia
DecidedJune 11, 1993
DocketRecord 921483
StatusPublished
Cited by4 cases

This text of 431 S.E.2d 323 (Knodel v. Dickerman) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knodel v. Dickerman, 431 S.E.2d 323, 246 Va. 124, 9 Va. Law Rep. 1478, 1993 Va. LEXIS 97 (Va. 1993).

Opinions

JUSTICE HASSELL

delivered the opinion of the Court.

In this appeal of a judgment approving a jury’s verdict in a wrongful death action, we consider whether a child, adopted after the death of the decedent, but before the jury’s verdict was entered, may recover damages as a statutory beneficiary under Code § 8.01-53.

The relevant facts are not in dispute. Charlotte Elizabeth Dickerman, a 13-year-old, died from injuries she incurred in a one-vehicle accident in Shenandoah County. John L. Dickerman, administrator of Charlotte’s estate, filed this wrongful death action against Karl Philip Knodel, the driver, and others, seeking damages for Charlotte’s death. Charlotte was survived by her parents and two brothers.

On the date of Charlotte’s death, Grace, an infant, had lived in the Dickerman household for approximately two weeks. Although Charlotte’s parents had intended to adopt Grace, a final order of adoption was not entered until after Charlotte’s death.

Before trial, Knodel filed a motion in limine to exclude Grace as a statutory beneficiary under the Death by Wrongful Act statute, Code §§ 8.01-50 through -56, on the basis that there was no legal relationship between Grace and Charlotte at the time of Charlotte’s [126]*126death. The trial court denied the motion. The trial court, over Knodel’s objection, instructed the jury that Grace was a statutory beneficiary. The jury returned a verdict in favor of the administrator of Charlotte’s estate and against Knodel for damages as follows: $100,000 to each of Charlotte’s parents, $50,000 to each of Charlotte’s brothers, and $50,000 to Grace.

Knodel filed a motion to set the verdict aside on the basis that Grace improperly was included as a statutory beneficiary. The trial court denied the motion and entered judgment confirming the verdict. We awarded Knodel an appeal.

Knodel argues that on the date of Charlotte’s death, Grace had not been adopted and, thus, had no legal relationship to Charlotte. Knodel asserts that Grace “was at no time the ‘sister’ of Charlotte Dickerman and did not fall in the class of beneficiaries delineated in [Code] § 8.01-53(ii)’’ and was not entitled to an award of damages as a statutory beneficiary. We disagree.

At the time of Charlotte’s death, Code § 8.01-53, part of Virginia’s Death by Wrongful Act, stated:

A. The damages awarded pursuant to § 8.01-52 shall be distributed as specified under § 8.01-54 to (i) the surviving spouse, children of the deceased and children of any deceased child of the deceased or (ii) if there be none such, then to the parents, brothers and sisters of the deceased ... or (iii) if the decedent has left both surviving spouse and parent or parents, but no child or grandchild, the award shall be distributed to the surviving spouse and such parent or parents. Provided, however, no parent whose parental rights and responsibilities have been terminated by a court of competent jurisdiction or pursuant to a permanent entrustment agreement with a child welfare agency shall be eligible as a beneficiary under this section.
. B. The class and beneficiaries thereof eligible to receive such distribution shall be fixed (i) at the time the verdict is entered if the jury makes the specification, or (ii) at the time the judgment is rendered if the court specifies the distribution.

We must interpret this Code provision, which is clear and unambiguous, as written and we must apply the plain language contained therein. Tazewell County School Board v. Gillenwater, 241 Va. 166, 170, 400 S.E.2d 199, 201 (1991); Barr v. Town & Country Properties, Inc., 240 Va. 292, 295, 396 S.E.2d 672, 674 (1990).

[127]*127Our review of Code § 8.01-53 indicates that Grace is entitled to retain her distribution of $50,000 as fixed by the jury. Our analysis of the language found in Code § 8.01-53(A) indicates that this statute creates potential classes of persons who may be eligible to recover for the wrongful death of the deceased. In this instance, we are concerned with the class that consists of ‘ ‘the parents, brothers and sisters of the deceased.” Id. Nothing in Code § 8.01-53(A) identifies the date on which this class of eligible persons and the members thereof shall be fixed.

We must then turn to Code § 8.01-53(B) to ascertain the date when the class and the members thereof are fixed. Section 8.01-53(B) states that the class and beneficiaries thereof eligible to receive “shall be fixed (i) at the time the verdict is entered if the jury makes the specification.” This language means that any person who is a parent, brother, or sister of Charlotte at the time the jury’s verdict is entered is a beneficiary eligible to receive a distribution.

Contrary to Knodel’s assertion, we find no language in Code § 8.01-53, and Knodel identifies none, that indicates that the class of statutory beneficiaries is determined at the time of the decedent’s death. Furthermore, Knodel’s argument was implicitly rejected by this Court in Johns v. Blue Ridge Transf. Co., 199 Va. 63, 97 S.E.2d 723 (1957). There, we stated: [128]*128Id. at 66, 97 S.E.2d at 725. The clear import of our holding and rationale in Johns is that the right of action remains in the personal representative for the benefit of each successive class, and that the class and beneficiaries within the class eligible to receive a distribution are not determined until the jury’s verdict is entered. Finally, our interpretation of the statute is consistent with the Revisers’ Note to Code § 8.01-53, which states:

[127]*127Our [wrongful death] statute is not what is often termed “an exclusive beneficiary statute,” meaning that the designated beneficiary or class of beneficiaries in existence at decedent’s death are the exclusive beneficiaries and are thus fixed as a class at decedent’s death. It is a statute in which the right of action is conferred upon decedent’s personal representative, and though the beneficiaries are designated by class, we find nothing in the act’s purpose or phraseology to indicate a legislative intent that the right of action shall abate upon the death of class beneficiaries. On the contrary, the fact that recovery in some instances may be for the decedent’s estate, i.e., his creditors and remote distributees is strong indication of intent that the action given to the personal representative was meant to remain in the personal representative for the benefit of each class, and in case of death of all members of a class, pending recovery, to be prosecuted to finality for the next succeeding class.
[128]*128Subsection 8.01-53 A (i) and (ii), similar to former §§ 8-636.1 and 8-638, defines the class and beneficiaries to receive the damages awarded and states when they are to be determined.
Subsection B sets the time when the class and beneficiaries who may receive the awarded damages will be fixed. This proposal codifies case law. See e.g., Baltimore & O.R.R. v. Wightman’s Adm’r, 70 Va.

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Knodel v. Dickerman
431 S.E.2d 323 (Supreme Court of Virginia, 1993)

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Bluebook (online)
431 S.E.2d 323, 246 Va. 124, 9 Va. Law Rep. 1478, 1993 Va. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knodel-v-dickerman-va-1993.