Diane Hamon, an adult and the sole surviving child of James Dickens, sued his medical providers for wrongful death. Dickens was long separated from Hamon’s mother, his surviving spouse, who allegedly refused to bring the claim; Hamon sued individually and for her mother. The providers argued the Wrongful Death Act gave the spouse the exclusive right to sue. The trial court denied judgment on the pleadings under an equitable exception, but the Court of Appeals reversed because Hamon was an adult and had not alleged dependency. The Supreme Court of Georgia reversed. It held that Brown’s equitable rule allowing a child to proceed when a surviving spouse refuses to act is not limited to minors: the Act treats adult and minor children alike, and dependency is immaterial. Taking the complaint’s allegations as true, it did not establish that Hamon could not prevail under any provable facts; her alleged lack of another adequate remedy allowed the claim to proceed at the pleading stage. The Court of Appeals judgment was reversed, restoring denial of the motion for judgment on the pleadings. The Court also overruled contrary precedent that limited this equitable rule to minor children.