Bryant v. Hall

In an action for the alleged wrongful death of an adult, the District Court of Cascade County entered summary judgment in favor of three defendants on the basis that the action was barred by the two year statute of limitations governing property damage claims. Plaintiff appeals.

There is but one issue upon appeal: Does the two year statute of limitations governing property damage claims, section 93-2607 (2), R.C.M.1947, or the three year statute of limitations on wrongful death actions, section 93-2605(2), R.C.M.1947, apply to an action for the wrongful death of an adult! We hold the latter to…