Legal Opinion
Ortiz v. Gavenda
Court of Appeals of Minnesota
Decided April 30, 1998No. C5-97-1427PublishedCited by 2 opinions
1Opinion of the Court
OPINION
LANSING, Judge.
This appeal challenges the district court’s dismissal of a wrongful death action for lack of subject matter jurisdiction and its denial of a motion to amend the pleadings so that the appointment of the decedent’s wife as trustee related back to the date of her original complaint under Minn.Stat. § 573.02 (1996). We reverse and remand.
FACTS
Israel Ortiz died on December 11, 1993, from injuries sustained on September 24, 1993, when his motorcycle collided with a truck. The truck, owned by Frito Lay, Inc., was driven by Bryan Gavenda. Ortiz’s widow, Frances Ortiz (Ortiz),…
2Cases cited36 opinions
- Frost-Benco Electric Ass'n v. Minnesota Public Utilities CommissionSupreme Court of Minnesota · 1984
- Jimmy P. Davis, as of the Estate of Dallas D. Hardy, Jr., Deceased v. Piper Aircraft CorporationCourt of Appeals for the Fourth Circuit · 1980
- Beck v. GroeSupreme Court of Minnesota · 1955
- Ruth Crowder, Mother and Next Friend of Walter Paul Crowder and David Douglas Crowder, Minors v. Gordons Transports, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1967
- Fussner v. AndertSupreme Court of Minnesota · 1961
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3Cited by2 opinions
- Ortiz Ex Rel. Ortiz v. GavendaSupreme Court of Minnesota · 1999
- Ortiz Ex Rel. Ortiz v. GavendaSupreme Court of Minnesota · 1999