Legal Opinion
Ortiz Ex Rel. Ortiz v. Gavenda
Supreme Court of Minnesota
Decided March 18, 1999No. C5-97-1427PublishedCited by 35 opinions
1Opinion of the Court
OPINION
STRINGER, Justice.
We granted review to determine whether the amendment and relation back principles generally applicable to pleadings under the Minnesota Rules of Civil Procedure apply to a wrongful death claim brought under Minn. Stat. ch. 573 (1998). The trial court concluded that the statutory time limit of three years for bringing the action in the name of the trustee in Minn.Stat. § 573.02 (1998) was a condition precedent to maintaining a wrongful death action and therefore the consequences of failing to bring the action as required by the statute could not be circumvented by…
2Cases cited17 opinions
- Flood v. KuhnSupreme Court of the United States · 1972
- Toolson v. New York Yankees, Inc.Supreme Court of the United States · 1953
- United States v. International Boxing Club of New York, Inc.Supreme Court of the United States · 1955
- Fussner v. AndertSupreme Court of Minnesota · 1961
- DeCosse v. Armstrong Cork Co.Supreme Court of Minnesota · 1982
12 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Len Boogaard v. National Hockey LeagueCourt of Appeals for the Seventh Circuit · 2018
- Reed v. StateSupreme Court of Minnesota · 2010
- Carlton v. StateSupreme Court of Minnesota · 2012
- Cynthia Rollo-Carlson v. United StatesCourt of Appeals for the Eighth Circuit · 2020
- Johnson v. StateSupreme Court of Minnesota · 2011
30 more not listed; retrieve them via the Exa API.