Belluso v. Tant

Nick M. Belluso, the father of decedent Rebecca Belluso Tant, filed a wrongful death action against his son-in-law, Mahlon Grady Tant. The trial court determined as a matter of law that Belluso lacked standing to bring the action. Because we find the trial court failed to consider applicable precedent authorizing the exercise of its equitable powers in favor of Belluso, we reverse.1

On March 21, 1999, Belluso’s 43-year-old daughter died after Tant, her husband of less than a year, lost control of the Chevrolet S-10 Blazer in which she was a passenger.2 A police investigation into the fatality indicated that Tant was driving in excess of 90 mph and had imbibed some alcoholic beverages. Tant was charged with homicide by vehicle, driving under the influence of alcohol, failure to maintain lane, and speeding, although the record does not show the final disposition of those charges. At some point, Tant obtained appointment as the personal representative of the estate of Rebecca Belluso Tant.