Torts – Wrongful death

By: WISCONSIN LAW JOURNAL STAFF//July 22, 2014//

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Wisconsin Supreme Court

Civil

Torts – Wrongful death

Minor children can recover for the wrongful death of their father under sec. 895.04(2) (2011-12), when the deceased leaves behind a spouse who was estranged from the deceased and who is precluded from recovering for the wrongful death.

“Upon examining the statutory text with these interpretive aids, we conclude that the phrase ‘surviving spouse’ in Wis. Stat. § 895.04(2) does not always simply mean any living spouse of the deceased. The meaning of the phrase ‘surviving spouse’ has been elucidated by scrutinizing unique fact situations to define ‘surviving spouse’ in accord with the legislative purposes of the wrongful death statutes, rather than considering only the literal meaning of the phrase ‘surviving spouse.’”

Reversed and Remanded.

2012AP2402 Force v. American Family Mutual Insurance Co.

Abrahamson, C.J.

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