Wrongful Death Claims Against Public Entities: Recoverable Damages Increased

Austin Miller was killed after being struck by a bus operated by Tri-met, a governmental agency.  Austin Miller was survived by his parents, his only statutory-beneficiaries.  A personal representative for Austin Miller’s estate (hereinafter “Plaintiff”) filed a wrongful death action against Tri-met.  The parties disagreed about whether or not Plaintiff brought two claims—one for each beneficiary—or one claim on behalf of the decedent.  The trial court determined Plaintiff brought two claims, one claim for each beneficiary and awarded $375,000, $187,500 for each beneficiary.  

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