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DONAHUE v. SMITH

No. 20000075.

27 P.3d 552 (2001)

2001 UT 46

Brian Keith DONAHUE, Plaintiff and Appellant, v. Seth Albert SMITH and David R. Stoddard, Defendants and Appellees.

Supreme Court of Utah.

June 5, 2001.

Attorney(s) appearing for the Case

S. Baird Morgan, Brandon B. Hobbs, Salt Lake City, for plaintiff.

Craig M. Snyder, Phillip E. Lowry, Provo, for defendant.

WILKINS, Justice:

¶ 1 Plaintiff Brian Donahue filed suit against defendants Seth Albert Smith and David Stoddard for injuries arising out of an automobile accident. During the litigation, defendant Smith died. Under rule 25 of the Utah Rules of Civil Procedure, the law firm representing Smith filed a suggestion of death with the court. Because plaintiff did not file a motion for substitution within ninety days after the suggestion of death was filed, as required...

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