The code section in effect in 2008, the year in which the settlement demand was made, and interpretive case law make it very clear that it is not necessary that all heirs of a decedent be joined as party plaintiffs to a wrongful Case 1:11-cv-00309-AT Document 108 Filed 01/11/12 Page 10 of 16 11 death action and that upon settlement of a wrongful death claim, heirs have no right of action against the tortfeasor. O.C.G.A. § 51-4-2; Adams v. Wright, 162 Ga.App. 550, 293 S.E.2d 446 (1982). Furthermore, Infinity's reliance on an Idaho case interpreting Idaho statues is completely misplaced, as is its reliance on an A.L.R. article that does not cite to a single Georgia case other than Lynn and Wells, which as described above, are now inapplicable.

If the decedent has no surviving spouse or children, such an action may be brought by a surviving parent. O.C.G.A. §§ 51-4-2; 51-4- 4. If there is no person entitled to file the lawsuit under these Code sections, an administrator or executor may bring the action.