Legal Opinion
Myers v. McDonald
Utah Supreme Court
Decided August 11, 1981No. 17046PublishedCited by 106 opinions
1Opinion of the Court
OAKS, Justice:
The issue on this appeal is the application of our two-year statute of limitations for a wrongful death action, U.C.A., 1953, § 78-12 — 28, to a case where the plaintiffs were unaware of the fact and circumstances of their decedent’s death until after the statutory period. The district court dismissed the complaint as barred by the statute of limitations. We reverse.
Viewed in the light most favorable to the plaintiffs, the facts are as follows.1 Plaintiffs, husband and wife, were guardians of 14-year-old Bobbie Menzies, the wife’s brother. When Bobbie failed to return home after…
2Cases cited31 opinions
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- Foil v. BallingerUtah Supreme Court · 1979
- Murphy v. Country House, Inc.Supreme Court of Minnesota · 1976
- Baker v. Beech Aircraft Corp.California Court of Appeal · 1974
- Mumford v. Staton, Whaley & PriceCourt of Appeals of Maryland · 1969
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3Cited by106 opinions
- Moreno v. Sterling Drug, Inc.Texas Supreme Court · 1990
- Maughan v. SW Servicing, Inc.Court of Appeals for the Tenth Circuit · 1985
- Russell Packard Development, Inc. v. CarsonUtah Supreme Court · 2005
- White v. Johns-Manville Corp.Washington Supreme Court · 1985
- Lee v. GaufinUtah Supreme Court · 1993
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