Augustson v. Graham

Kennedy, A.C. J.

Arvid and Martha Augustson (hereinafter jointly referred to as Augustson) appeal the trial court’s summary dismissal of their personal injury lawsuit against Karen Graham as the personal representative of the estate of Thomas Varnson, deceased. Varnson was a resident of Idaho at the time of the motor vehicle accident giving rise to the lawsuit and at the time of his death 2 years later. The trial court ruled as a matter of law that Varnson’s death before the expiration of the 3-year statute of limitation did not serve to toll the running of the 3-year statute pending the…