Clark Sand Co., Inc. v. Kelly

¶ 53. Because I would affirm the trial court’s denial of summary judgment in toto, I respectfully concur in part and dissent in part. First, I must disagree that David Bozeman’s claims in the prior McBride action are barred by the statute of limitations. Because the action brought by Ruby Kelley encompassed Bozeman’s previous claims, the saving statute preserved those so-called “survival-type” claims. I also would affirm the trial court’s finding that Ruby Kelley had standing to bring this wrongful death action as the decedent’s personal representative, and I would further affirm the trial…