Summary 2014 WY 28

Summary of Decision February 25, 2014

Justice Hill delivered the opinion of the Court. Reversed and Remanded.

Case Name: IN THE MATTER OF THE WRONGFUL DEATH OF DANIEL P. SORAN, II, DAN SORAN, PERSONAL REPRESENTATIVE: DAN SORAN, LYNETTE SORAN and SARAH SORAN v. LAURA SORAN

Docket Number: S-13-0098

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Laramie County, the Honorable Thomas T.C. Campbell, Judge

Representing Appellants: Thomas B. Jubin of Jubin & Zerga, LLC, Cheyenne, WY, and Michael L. Weiner of Yaeger, Jungbauer & Barczak, PLC, Saint Paul, MN. Argument by Mr. Jubin.

Representing Appellee: Scott W. Meier, Lucas Buckley, and Traci L. Lacock of Hathaway & Kunz, P.C., Cheyenne, WY. Argument by Mr. Meier.

Date of Decision: February 25, 2014

Facts: This case involves a wrongful death claim brought on behalf of the beneficiaries of Daniel P. Soran, II (Decedent). Decedent’s father, in his capacity as personal representative, settled the wrongful death claim with the applicable liability insurance companies for $400,000. Thereafter, a dispute arose between the beneficiaries as to how the settlement proceeds should be distributed, with Decedent’s allegedly estranged wife, Laura Soran, on one side, and Decedent’s parents and sister on the other side. Following a bench trial on distribution of the damages, the district court awarded Laura Soran 75% of the settlement proceeds and divided the remainder of the proceeds among Decedent’s parents and sister. Decedent’s parents and sister appeal, contending that the court erred in imposing on them the burden to disprove Laura Soran’s damages and that the court’s distribution was clearly erroneous in light of the evidence.

Issues: 1) The trial court erred as a matter of law, in imposing the burden upon other beneficiaries to disprove the estranged wife’s claim to wrongful death damages. 2) When distributing settlement proceeds to wrongful death beneficiaries, the trial court’s decision to award 75% of these proceeds to the estranged wife was clearly erroneous where the evidence proved a clear and unquestionable mutual intent to end the marriage, and where the estranged wife failed to prove the loss of a future relationship with the decedent.

Holdings/Conclusion: The district court’s distribution order was clearly erroneous in that it misapplied the burden of proof and improperly presumed damages in favor of Decedent’s wife. We reverse and remand for proceedings consistent our direction herein.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

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