Butts ex rel. Iverson v. Evangelical Lutheran Good Samaritan Society

OPINION

SCHELLHAS, Judge.

Appellants challenge the district court’s grant of motions to voluntarily dismiss personal-injury claims that, under Minn. Stat. § 573.01, abated upon the death of the victims, and appellants challenge denial of their motions for summary judgment under the same statute. Because the dismissals without prejudice deprived appellants of an otherwise available defense to the claims and because that defense entitles appellants to judgment as a matter of law, we reverse.

FACTS

This action arises out of numerous instances of abuse of residents of a nursing home operated by…