Schaffer v. Champion Home Builders Co.

Plaintiffs appeal the summary judgment of the Third Judicial District, Powell County. The judgment dismissed plaintiffs’ wrongful death and survival complaint which was not filed until one day after the statute of limitations had expired. We affirm.

The parties present three issues for our review:

1. Did the District Court abuse its discretion when it dismissed plaintiffs’ wrongful death and survival actions?

2. Did the District Court abuse its discretion when it denied relief from judgment under Rule 60(b)(1), M.R.Civ.P., for mistake, inadvertence, surprise or excusable neglect?

3. Did defendant…