Porter v. Ford Motor Company

LUCERO, Circuit Judge.

Keshia Porter appeals the district court's dismissal of her complaint as time barred. The district court concluded that this action is untimely under Wyo. Stat. § 1-38-102 because Porter did not file a petition for appointment as a wrongful death representative ("WDR") within two years of her husband's death. However, such a petition was filed by another putative representative within two years and Porter was appointed WDR in that state court action. She then filed the present suit within thirty days of her appointment. On these facts, we conclude that Porter's complaint…