Can Langan Sue?
Langan filed suit to recover from the hospital for Spicehandler’s death. But in New York, as in many other states, only a legal heir (a “distributee,” under the applicable state statute) can sue for wrongful death. Under New York law, a lawful spouse is first in line to inherit from a decedent, but what about a civil union partner? Had the accident occurred in Vermont, Langan would certainly have been permitted to bring this suit in a Vermont court. But the men were longtime residents of New York and the accident occurred there, so Vermont law is not relevant. The question, instead, is whether, under New York law, the suit is viable. Not surprisingly, New York’s wrongful death statute does not expressly address the status of a civil union partner. It is, after all, a status created by another state. And although Connecticut now also permits couples to enter into civil unions, the status is not a universal one. The Appellate Court’s Approach: Ignore the Civil Union This case raises two
