Legal Opinion

Gomez v. Leverton

Court of Appeals of Arizona

Decided May 14, 1973No. 2 CA-CIV 1245PublishedCited by 21 opinions

1Opinion of the Court

KRUCKER, Judge.

Was this wrongful death action properly dismissed below because of the bar of the statute of limitations? The trial court concluded that it was barred and we agree.

A wrongful death action was initiated by Mrs. Gomez as surviving spouse of the decedent and as administratrix of the decedent’s estate on behalf of herself and the decedent’s minor children. The complaint, filed June 19, 1970, alleged that Mr. Gomez died on July 24, 1967. Appellee, defendant below, responded by motion to dismiss asserting the bar of A.R.S. § 12-542, which provided in pertinent part:

“There shall be…

2Cases cited12 opinions

  1. Cross v. Pacific Gas & Electric Co.California Supreme Court · 1964
  2. Mayer v. Good Samaritan HospitalCourt of Appeals of Arizona · 1971
  3. Ross v. RossArizona Supreme Court · 1964
  4. Western Coal & Mining Co. v. HilvertArizona Supreme Court · 1945
  5. Lueck v. Superior Court, County of CochiseArizona Supreme Court · 1970

7 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. De Jesús Martínez v. ChardónSupreme Court of Puerto Rico · 1985
  2. Hun v. Center PropertiesHawaii Supreme Court · 1981
  3. Atchison v. Great Western Malting Co.Washington Supreme Court · 2007
  4. Atchison v. Great Western Malting Co.Washington Supreme Court · 2007
  5. Engle Bros. v. SUPERIOR CT., IN & FOR CTY. OF PIMACourt of Appeals of Arizona · 1975

16 more not listed; retrieve them via the Exa API.

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