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Colorado Wrongful Death Claims: Hansen v. Barron's Oilfield
The case of Hansen v. Barron’s Oilfield Service, Inc. focused on the legal requirements for standing in wrongful death claims under Colorado law. The Court of Appeals reviewed whether Arik Hansen, the surviving father of Wendy Ulmer, could pursue a wrongful death action after the passing of her husband, who was initially eligible. This case covers the complexities of Colorado’s Wrongful Death Act (WDA) and the specific legal framework governing these claims.
Background and Procedural History
On March 21, 2016, Wendy Ulmer tragically passed away in an automobile accident involving Victor Hierro, an employee of Barron’s Oilfield Service. At the time of her death, Ulmer was married to Benjamin Ulmer and had no children. Initially, attorneys filed a wrongful death claim on behalf of Benjamin, unaware that he had died before the filing. Upon discovering Benjamin’s death, the attorneys amended the complaint to substitute Wendy's father, Arik Hansen, as the plaintiff.
Barron’s Oilfield Service filed a motion to dismiss the case, arguing that Hansen lacked standing under section 13-21-201(1) of the Colorado Wrongful Death Act. This provision specifies that a parent can only bring a wrongful death action for an adult child if the child was unmarried and without children at the time of death. The district court ruled in favor of Barron’s, dismissing Hansen’s case with prejudice. Hansen appealed.
The Court's Analysis
The appellate court reviewed the case de novo, focusing on whether Hansen had legal standing to sue under the WDA. Standing in wrongful death cases is determined based on statutory language, which the court interpreted strictly.
The WDA outlines that wrongful death claims can be filed by specific parties in a sequential order, depending on the deceased's familial relationships. In the first year following death, the surviving spouse has exclusive standing. Only if there is no surviving spouse can other parties, such as parents, bring a claim.
Hansen argued that Wendy's marital status should be evaluated at the time the lawsuit was filed, as her husband had died by then, rendering her "unmarried" for legal purposes. The court rejected this argument, determining that marital status and familial relationships must be assessed as of the date of death.
Key Findings
The court supported its decision with precedent and statutory interpretation principles:
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Statutory Language: The court emphasized that the statute’s framework is based on the decedent’s date of death. The WDA specifies who may bring a claim and in what order, aligning these rights with the conditions at the time of death.
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Precedent: Past cases confirmed that marital status is determined at death, not at a later date. For example, in Myers v. Denver & Rio Grande Railroad, the court examined whether a decedent was "unmarried" at death to assess the mother’s standing.
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Avoiding Absurd Results: The court noted that allowing marital status to change posthumously would create inconsistent and unpredictable outcomes, undermining the statute's clarity.
Conclusion
The appellate court affirmed the district court's dismissal, holding that Hansen did not have standing to bring the wrongful death claim. Since Wendy was married at the time of her death, her surviving spouse was the only eligible party under the WDA. The court remanded the case to determine attorney fees incurred by Barron’s Oilfield Service on appeal.
How Our Team Can Help
Understanding wrongful death laws and their procedural intricacies is critical when pursuing a claim. At Whitcomb, Selinsky PC, our experienced attorneys are equipped to guide clients through these challenging processes. If you need assistance with a wrongful death or personal injury claim, reach out to our team for knowledgeable and compassionate legal support.