Colorado § 8-2-203 - Who may sue - consolidation of actions.

§ 8-2-203. Who may sue - consolidation of actions.

(1) Every such action shall in case of death be maintained:

(a) By the husband or wife of the deceased;

(b) If there is no husband or wife or if he or she fails to sue within one year after such death, by the children of the deceased or their descendants;

(c) If such deceased is a minor or unmarried, without issue, by the father or mother or by both jointly; or

(d) If there is no such person entitled to sue, by such other next of kin of the deceased as may be dependent upon the deceased for support.

(2) Every such action, in case of death, may be maintained by any person entitled to sue for the use and benefit of the others so entitled to sue as well as for the plaintiff so suing, and the verdict of the jury and the judgment of the court shall specify the amount of damages awarded to each person, and, if any such actions are separately brought, the same shall be consolidated with the action first commenced in the court which has jurisdiction of said actions when so consolidated.

Source: L. 11: p. 295, § 3. C.L. § 4169. CSA: C. 97, § 97. CRS 53: § 80-6-3. C.R.S. 1963: § 80-5-3.

ANNOTATION

Federal statute regulating liability of interstate carriers precludes death action by widow. The federal statute regulating the liability of interstate carriers to their employees supersedes and displaces the provisions of the state statute within its purview, and since the former statute confers upon the personal representative of the employee the right of action for the death of such employee, attributable to the negligence of the master, the employee's widow is not permitted to maintain an action in her own name. Denver & R. G. R. R. v. Wilson, 62 Colo. 492, 163 P. 857 (1917).