Surrogate Bruce Balter
Administrator sought leave to compromise the cause of action for decedent’s pain and suffering. The 24 year old decedent died as a result of an accident at his work site. He was survived by his father, and mother, as distributees. Decedent’s brother was granted letters of administration, and an action for conscious pain and suffering, and wrongful death was settled before trial for $900,000. The court found the proposed settlement reasonable, approving the compromise. The administrator requested that the entire net settlement of proceeds be distributed to decedent’s mother arguing his father abandoned him at the age of six. The court found the evidence clearly established that father abandoned his son by neglecting or refusing to fulfill his natural and legal obligations owed by a parent to a child. Evidence also showed decedent supported his mother, but never his father, finding only the mother suffered pecuniary harm as a result of decedent’s death. Therefore, the court concluded father abandoned decedent and was disqualified from receiving his intestate share of the settlement resulting from decedent’s wrongful death. Hence, administrator’s motion for the net proceeds to be distributed to mother was granted.
