Atchison v. Great Western Malting Co.

¶1 William Atchison died in June 2000 as a result of lymphoma. His most immediate next of kin was his only child, Kaela, who was then 15 years old. In 2003 Kaela turned 18, and in 2005 Kaela became personal representative of William’s estate. In 2006, more than three years after her father’s death, she filed a wrongful death action against Great Western Malting Co., claiming the company negligently caused her father’s disease. Great Western moved to dismiss under Civil Rule (CR) 12(b)(6), in part arguing that Kaela’s claim was barred by the statute of limitations. The trial court granted the…