In re Estate of Winn
In In re Estate of Winn, 225 Ariz. 275, 237 P.3d 628 (App. 2010), the decedent's estate filed an APSA action seeking loss of life damages, but did not file an accompanying wrongful death action. Id.1 3, 13.
The court found that "actual damages in an APSA case may include pre-death pain and suffering," but did not include loss of life. Id.8, 10.
Loss of life damages could have been available, however, had the estate filed a wrongful death action. Id.13, 15.
Thus, Estate of Winn does not stand for the proposition that APSA claims can never be the basis for a wrongful death claim.
Rather it states only that in order to seek loss of life damages, a plaintiff must file a wrongful death action in addition to an APSA claim, which Equihua did here. See id.13, 15.