Estate of Bright v. Western Air Lines, Inc.

MUSSELL, J.

Plaintiffs appeal from a judgment in favor of the defendant, Western Air Lines, Inc., entered pursuant to an order sustaining a demurrer to the complaint without leave to amend.

The action was brought to recover damages for the loss and destruction of property rights of the estate of Fred R. Bright, Jr., allegedly incurred when decedent was killed on December 24, 1946, in an airplane crash caused by negligence in the operation of an airplane owned and operated by the defendant, and in which decedent was a passenger for hire. It is alleged in the complaint that as the direct and proximate result of the carelessness and negligence of the defendants the estate of Fred R. Bright, Jr., was wasted, lessened, injured, destroyed and invaded and the property rights of the said estate were lessened, injured, damaged, invaded and wasted to the damage of said estate and said property rights of said estate in the amount as therein set forth. It is then alleged that decedent had a life expectancy of 34.29 years; that he had for several years earned $300,000 a year; and that by reason of his death his estate had been damaged in the amount of $10,287,000. Judgment was prayed for in said amount as general damages.

The question involved, as stated by appellants, is “Does the estate of Fred R. Bright, Jr. have a cause of action against the defendant, Western Air Lines, Inc.?” We conclude that it must be answered in the negative.

An “estate” is not a legal entity and is neither a natural nor artificial person. It is merely a name to indicate the sum total of the assets and liabilities of a decedent, or of an incompetent, or of a bankrupt.

(Tanner

v.

Best Estate,

40 Cal.App.2d 442, 445 [104 P.2d 1084];

Johnston

v.

Long,

[829]

30 Cal.2d 54, 63 [181 P.2d 645].) An “estate” can neither sue nor be sued. (11 Cal.Jur., p. 1055, § 680.) It follows that an “estate,” as such, is not entitled to recover damages consisting of the loss of future earnings of a decedent.