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.
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