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ORTIZ v. GAVENDA

No. C5-97-1427.

590 N.W.2d 119 (1999)

Frances ORTIZ, as next of kin and guardian of the heirs of Israel Ortiz, deceased, Respondent, v. Bryan Lee GAVENDA, et al., pet., Appellants.

Supreme Court of Minnesota.

March 18, 1999.

Attorney(s) appearing for the Case

Stitch, Angell, Kreidler, Brownson & Ballou, P.A., D. Scott Ballou, Leo I. Brisbois, Minneapolis, for appellants.

Sawicki, Neese & Phelps, P.A., Paul J. Phelps, Woodbury, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

STRINGER, Justice.

We granted review to determine whether the amendment and relation back principles generally applicable to pleadings under the Minnesota Rules of Civil Procedure apply to a wrongful death claim brought under Minn. Stat. ch. 573 (1998). The trial court concluded that the statutory time limit of three years for bringing the action in the name of the trustee in Minn.Stat. § 573.02 (1998) was a condition precedent to maintaining...

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