Tait V. Wahl

After Mary Douglas was struck and killed by a delivery truck, Amber Tait, the decedent's niece, sued the delivery truck's owner and driver on behalf of herself, her children, the decedent's non-dependent brother, and the decedent's estate, seeking damages for pain and suffering, medical and other out-of-pocket expenses, impairment of income and earning capacity, loss of enjoyment of life, and loss of consortium. Because Tait, her children, and the decedent's non-dependent brother are not beneficiaries under Washington's wrongful death and survival statutes, RCW 4.20.010, -.020, -.046(1), -.060, and the common law does not recognize a cause of action against a person who wrongfully causes the death of another, the trial court properly dismissed, on summary judgment, the claims that Tait brought on behalf of herself, her children, and the decedent's non-dependant brother. In addition, because a decedent's estate cannot recover noneconomic damages for the decedent's pain and suffering, anxiety, emotional distress, loss of enjoyment of life, or loss of consortium under Washington's general survival statute, RCW 4.20.046(*fn1), the trial court also properly dismissed, on summary judgment, these claims brought by Tait on behalf of the decedent's estate. Accordingly, we affirm.