BROOKBANK v. GRAY

Nos. 94-1945 and 94-1946.

74 Ohio St.3d 279 (1996)

BROOKBANK, ADMR., APPELLEE, v. GRAY, APPELLANT.

Supreme Court of Ohio.

Decided January 17, 1996.


Attorney(s) appearing for the Case

Richard G. Ward Co., L.P.A., and Richard G. Ward, for appellee.

McCaslin, Imbus & McCaslin, John J. Finnigan, Jr., and Matthew R. Skinner, for appellant.


ALICE ROBIE RESNICK, J.

The primary issue confronting the court is whether a child born out of wedlock is foreclosed from recovering damages for the wrongful death of his or her putative father, where paternity had not been established during the putative father's lifetime.

R.C. 2125.02(A)(1)1 provides that an action for wrongful death shall be brought for the exclusive benefit of, among others, the "children * * * of the decedent...

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