Legal Opinion
Stoddard v. Smith
Utah Supreme Court
Decided June 5, 2001No. 991015PublishedCited by 17 opinions
1Opinion of the Court
WILKINS, Justice:
{1 Plaintiff David Stoddard brought a complaint against defendant Seth Albert Smith for injuries arising out of an automobile accident. During the litigation, defendant died, and the law firm representing him filed a suggestion of death with the court pursuant to rule 25 of the Utah Rules of Civil Procedure. Plaintiff did not file a motion for substitution within ninety days after the suggestion of death was filed, as required by the rule. Therefore, the district court dismissed plaintiff's complaint. We affirm.
BACKGROUND
{2 Plaintiff filed his complaint against defendant on…
2Cases cited10 opinions
- Fariss v. Lynchburg FoundryCourt of Appeals for the Fourth Circuit · 1985
- Denis Rende v. Alfred S. KayCourt of Appeals for the D.C. Circuit · 1969
- Brown v. GloverUtah Supreme Court · 2000
- Unicorn Tales, Inc. v. BanerjeeCourt of Appeals for the Second Circuit · 1998
- James Boggs v. Dravo Corporation. Appeal of Rosalie B. Peterson, Administratrix of the Estate of James Boggs, DeceasedCourt of Appeals for the Third Circuit · 1976
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Freight Tec Management v. ChemexCourt of Appeals of Utah · 2021
- Spafford v. Granite Credit UnionCourt of Appeals of Utah · 2011
- Turley v. ChildsCourt of Appeals of Utah · 2022
- Warner v. WarnerCourt of Appeals of Utah · 2014
- Leighton v. BennettSouth Dakota Supreme Court · 2019
12 more not listed; retrieve them via the Exa API.