Parrish V. Jones

John Parrish sued Darlene Jones, the personal representative of his wife's  estate, for a share of the settlement proceeds from a wrongful death and survival action. The trial court concluded that Parrish had not suffered any pecuniary loss from his wife's death and granted Jones summary judgment. Parrish appeals, arguing that the trial court erred by using a standard of pecuniary loss to apportion all of the settlement proceeds and that material issues of fact exist. We conclude that there are genuine and material issues of fact which must be decided by a trier of the fact and reverse.