Chavez

Chavez v. Carpenter

Caution
111 Cal. Rptr. 2d 534·2001 Cal. App. LEXIS 697·2001 Daily Journal DAR 9565·91 Cal. App. 4th 1433·2001 Cal. Daily Op. Serv. 7773
Court of Appeal of CaliforniaAugust 31, 2001H020339California5,995 words

Opinion

Opinion

Wunderlich, J.

Appellants Jose and Elsa Chavez brought this civil action for the wrongful death of their adult son, who was killed by a drunk driver. The trial court granted the defendant’s motion for summary adjudication on the ground that appellants lacked standing to sue for their son’s death. Because we conclude that there are triable issues of material fact on the question of appellants’ standing, we reverse the judgment.

Facts

Decedent Altie Chavez was the 24-year-old son of appellants Jose and Elsa Chavez. Before his death, decedent lived with appellants, contributing money and services to the household. Though unmarried, decedent had a daughter, Jazmyne Noel Garcia.

On August 24, 1996, decedent was killed in an automobile collision caused by defendant Gary Arthur Carpenter, who was driving while intoxicated. Defendant was later convicted of felony manslaughter in connection with the fatal crash.

Decedent was survived both by his parents and by his daughter Jazmyne, then two years old. In September 1996, the month after decedent’s death, the daughter herself was killed in an unrelated automobile accident.

Procedural History

This civil action was filed in May 1997. The…

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