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Gaston v. Life Care Centers of America, Inc.

Court: Wyoming Supreme Court

Citation: 2021 WY 74

Opinion Date: June 7, 2021

Judge: Kautz

Areas of Law: Personal Injury

The Supreme Court affirmed in part and reversed in part the judgment of the district court denying Plaintiff’s motion to amend and dismissing her survival action against Westview Health Care Center for injuries her deceased father received while in Westview’s care, holding that the district court erred in dismissing Plaintiff’s survival action.

After Plaintiff filed her complaint, she moved to amend the complaint to add a wrongful death claim. The district court denied the motion to amend and dismissed the survival action on the grounds that Plaintiff was not the real party in interest. The Supreme Court reversed in part, holding (1) the district court did not abuse its discretion by denying Plaintiff’s motion to amend because the wrongful death claim was barred by a two-year condition precedent; and (2) because Westview’s motion was untimely, the court erred in dismissing Plaintiff’s survival action on the grounds that she was not the real party in interest.

This case law update is brought to you by Freeway Law, personal injury, and auto car accident lawyers. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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