Manion v. Ameri-Can Freight Sys. Inc.
391 F.Supp.3d 888 (2019)
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Rule of Law:
Under Arizona’s survival statute, A.R.S. § 14-3110, a decedent's estate may recover damages for the decedent's lost future wages in a survival action. The statute's plain language only explicitly excludes damages for pain and suffering, implying other forms of damages, including future economic losses, are permissible.
Facts:
- On March 12, 2016, Johnathan Blyler was killed instantly in a traffic accident.
- The other vehicle involved was a tractor-trailer driven by Steven Robertson, an employee of Ameri-Can Freight Systems, Inc.
- At the time of his death, Blyler was a student teacher for sixth-grade social studies.
- Blyler was nearing the completion of his Master's Degree in Elementary Education, which was ultimately awarded to him posthumously.
- Blyler's wife, Lisa Blyler, testified that he intended to begin working as a full-time teacher in the summer of 2016 after completing his degree and certification requirements.
Procedural Posture:
- Johnathan Blyler's mother, Zandra Manion, and his wife, Lisa Blyler, filed suit against Steven Robertson and Ameri-Can Freight Systems, Inc. in the United States District Court for the District of Arizona.
- The Wife asserted a wrongful death claim as a statutory beneficiary and a survival claim on behalf of the Decedent's estate.
- The Mother asserted a wrongful death claim as a statutory beneficiary.
- Plaintiffs stipulated to the dismissal of claims for negligent supervision, retention, maintenance, hiring, training, and punitive damages.
- Plaintiffs also stipulated that the wrongful death beneficiaries (Mother and Wife) were not making claims for economic losses.
- Defendants filed a motion for partial summary judgment, arguing that the Decedent's estate could not, as a matter of law, recover future economic losses in the survival action.
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Issue:
Does Arizona's survival statute, A.R.S. § 14-3110, permit a decedent's estate to recover damages for lost future wages in a survival action when the decedent's death was instantaneous?
Opinions:
Majority - Lanza, J.
Yes. Arizona's survival statute, A.R.S. § 14-3110, permits a decedent's estate to recover damages for lost future wages. The court's reasoning is based on a textual interpretation of the statute. The statute explicitly lists exceptions to causes of action that survive death and specifically excludes only one category of damages: 'pain and suffering.' Applying the canon of statutory construction 'expressio unius est exclusio alterius' (the expression of one thing implies the exclusion of others), the court concluded that the Arizona Legislature did not intend to exclude other categories of damages, such as future economic losses. The court distinguished a prior federal case, Gandy v. United States, by noting that the concern in Gandy was avoiding double recovery, a risk not present here because the plaintiffs stipulated they would not seek economic losses in their separate wrongful death action. Finally, the court reasoned that barring such recovery could lead to the illogical result of defendants benefiting when they kill, rather than merely injure, a victim, a policy choice that should be left to the legislature, not the courts.
Analysis:
This decision clarifies that under Arizona law, a survival action is a viable vehicle for recovering a decedent's lost future earnings, even in cases of instantaneous death. By focusing strictly on the statutory text and rejecting contrary holdings from other jurisdictions and a prior federal district court case, the court reinforces the principle of legislative supremacy in statutory interpretation. The ruling prevents a potential loophole where a tortfeasor could face less liability for causing an instant death than for causing a serious injury. This decision provides a clear path for estates to claim future economic damages so long as they coordinate with wrongful death beneficiaries to avoid double recovery.
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