Wyoming Statutes
Wyo. Stat. § 1-38-101 (2026)
Actions for wrongful death which survive;
✓ current as of May 2026
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proceedings against executor or administrator of person liable. Whenever the death of a person is caused by wrongful act, neglect or default such as would have entitled the party injured to maintain an action to recover damages if death had not ensued, the person who would have been liable if death had not ensued is liable in an action for damages, even though the death was caused under circumstances as amount in law to murder in the first or second degree or manslaughter. If the person liable dies, the action may be brought against the executor or administrator of his estate. If he left no estate within the state of Wyoming, the court may appoint an administrator upon application.
Notes of Decisions
Cited in 22
cases (2 in the last 5 years), 1979–2021 · leading case: Edwards v. Fogarty, 962 P.2d 879 (Wyo. 1998).
Edwards v. Fogarty, 962 P.2d 879 (Wyo. 1998). “The District Court correctly found that Wyo. Stat. § 1-38-101 must be construed with Wyo.”
McMackin v. Johnson Cnty. Healthcare Ctr., 2004 WY 44 (Wyo. 2004). “Since the patient's ultimate death, and not the lost chance itself, is the relevant harm under the loss of chance doctrine adopted by this Court (in those cases where death results from the lost chance), Appellant's claims against Appellees are within the actions permitted under…”
Tatum v. Schering Corp., 523 So. 2d 1042 (Ala. 1988). “§ 15-51-10 (Law.Co-op.1977); S.D.Codified Laws Ann.”
Life Care Ctr. of Casper v. Leah Barrett, 2020 WY 57 (Wyo. 2020). “4 [¶14] Wyo. Stat. Ann. § 1-38-101 creates a cause of action for wrongful death, which is to be brought by a decedent’s wrongful death representative.”
Robinson v. Pacificorp, 10 P.3d 1133 (Wyo. 2000). “In her response to these motions, Robinson maintained that the allegations in her complaints gave rise to an action arising under the wrongful death statutes, Wyo. Stat. Ann. §§ 1-38-101 and 1-38-102 (LEXIS 1999), or alternatively to a negligence claim.”
In Re Est. of Johnson, 2010 WY 63 (Wyo. 2010). “[¶ 7] The other legislative act that lies at the heart of this dispute is the wrongful death act, found not in the probate code, but in the civil code at Wyo. Stat. Ann. §§ 1-38-101 and 102 (LexisNexis 2009).”
Corkill v. Knowles, 955 P.2d 438 (Wyo. 1998). “§§ 1-38-101 and -102 (1997), provides: § 1-38-101.”
Wetering v. Eisele, 682 P.2d 1055 (Wyo. 1984). “" The administrator, appellant here, commenced a wrongful death action against the school bus driver and the school district under the authority of § 1-38-101, W.S. 1977 (Cum.Supp. 1983). In his complaint the administrator included the surviving brother and four sisters of the…”
Butler v. Halstead by & Through Colley, 770 P.2d 698 (Wyo. 1989). “1977, thus permitting them to join in an action for wrongful death, brought pursuant to § 1-38-101, W.S. 1977, when the decedent leaves a surviving child.”
Robert J. Craft & Sabrina Craft, individually & as Pers. Rep. of the Est. of Robert James Anderson v. State of Wyoming ex rel., Wyoming Dep't of Health Wyoming State Hosp. Thomas O. Forslund, individually & in his Off. capacity as Dir. of the Wyoming Dep't of Health Richard Dunkley, individually & in his Off. capacity as Adm'r of the Wyoming State Hosp. David Carrington, M.D. Sarah J. Rogers, Ph.D. James Fleenor, PMHNP-BC Martha Mueller, FNP-BC Sara Young, RN Xandrea Vrooman Steve Billman Michael Saxton Lidia Garcia Edgar Hernandez-Bautista Antoinette \Shelby\" Hutcherson Renita Hurdsman Giovanni Cerda Paul Mullenax Bill Sexton Jennifer Schmidt-Arroyo Jennifer Alexander & Spencer Kimble", 2020 WY 70 (Wyo. 2020). “[¶13] Wyoming Statutes governing wrongful death actions are found at Wyo. Stat. Ann. § 1-38-101 , et seq. As we set forth in Harris v.”
Nulle v. Gillette-Campbell Cnty. Jt. Powers Fire Bd., 797 P.2d 1171 (Wyo. 1990). “I am troubled, however, because it does not account for the entire spectrum of parent-child relationships such as the child who is not a minor yet still dependent.”
DeJulio v. Foster, 715 P.2d 182 (Wyo. 1986). “As personal representative of Eric's estate, his father, appellant Rick DeJulio brought suit for damages under the wrongful death act, §§ 1-38-101 and 1-38-102, W.S. 1977 (Cum.”
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