Shaughnessy v. Spray

BUTTLER, J.,

specially concurring.

Although I agree that the judgment below should be reversed, I do so because I think the amended complaint was filed within the three-year statute of limitations for wrongful death. 30.020(1).1 I disagree strongly with the majority’s attempt to rewrite that statute; if disposition of this case depends on the meaning of the statute, I would affirm.

I

First, my reasons for disagreement. The majority appears to assume that upon the “wrongful” death of a person, a personal representative pops into being like a genie, and the statute of limitations commences to run…