Bonhiver v. Fugelso, Porter, Simich & Whiteman, Inc.

AMDAHL, Chief Justice.

This appeal, arising out of the injuries and subsequent death of Moira Bonhiver, requires us to construe certain limitation provisions contained in Minnesota’s wrongful death statute, Minn.Stat. § 573.02 (1976). In addition, we must address whether the trial court’s dismissal of appellant Homer Bonhiver’s wrongful death claim for failure to prosecute under Minn. R.Civ.P. 41.02(1) and dismissal of appellant’s derivative claim of loss of consortium were proper.

On February 22, 1975, Moira Bonhiver (now deceased) sustained serious injuries, including a broken hip, when she…