Bright v. Western Air Lines, Inc.
Facts
The complaint alleged that Fred R. Bright, Jr. was killed on December 24, 1946, in an airplane crash caused by defendant's negligent operation of its aircraft while he was a passenger for hire. Plaintiffs claimed that, as a result of his death, the estate's property rights were wasted, lessened, injured, and destroyed. The complaint further alleged that decedent had a life expectancy of 34.29 years, had earned $300,000 annually for several years, and that his estate was damaged in the amount of $10,287,000. The administratrix sued in that representative capacity, and the complaint did not allege that decedent left any heirs at law.
Issue
Whether the estate of a decedent has a cause of action against a defendant for damages measured by the decedent's lost future earnings resulting from the defendant's allegedly wrongful killing of the decedent. More specifically, the question was whether such an action could be maintained under Probate Code section 574 when the complaint alleged no surviving heirs.
Rule
An estate is not a legal entity and cannot sue or be sued. Damages for wrongful death are recoverable only in the statutory action authorized for surviving heirs or by a personal representative acting solely as a statutory trustee for those heirs; such recovery is not part of the decedent's estate. Probate Code section 574 does not create a cause of action in favor of an estate for the decedent's lost future earnings, and where no heirs are alleged, no such wrongful-death-based action is stated.
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