Estate of Dyer Ex Rel. Lirot v. Krug

TERNUS, Justice.

Patricia Lirot filed this action on behalf of the plaintiff, the estate of Olive Iona Dyer, seeking damages for the wrongful death of Dyer. Lirot sued in her capacity as the purported administrator of Dyer’s estate and as Dyer’s daughter. In sustaining a motion to dismiss, the district court ruled that Lirot had not been appointed the legal representative of the estate and had no standing as the decedent’s daughter to file a wrongful death claim for the estate. We agree with the trial court and affirm the dismissal of the estate’s petition.

I.Background Facts and Proceedings.

Oli…