MYERS v. McDONALD

No. 17046.

635 P.2d 84 (1981)

Robert MYERS and Jackie Myers, his wife, Plaintiffs and Appellants, v. Reggie McDONALD, Defendant and Respondent.

Supreme Court of Utah.

August 11, 1981.


Attorney(s) appearing for the Case

Anthony M. Thurber, Salt Lake City, for plaintiffs and appellants.

Nelson L. Hayes, Salt Lake City, for defendant and respondent.


OAKS, Justice:

The issue on this appeal is the application of our two-year statute of limitations for a wrongful death action, U.C.A., 1953, § 78-12-28, to a case where the plaintiffs were unaware of the fact and circumstances of their decedent's death until after the statutory period. The district court dismissed the complaint as barred by the statute of limitations. We reverse.

Viewed in the light most favorable to the plaintiffs, the facts are as follows...

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