RODRIGUEZ v. CASEY

No. 01-195.

50 P.3d 323 (2002)

2002 WY 111

Joseph A. RODRIGUEZ, Personal Representative of the Estate of Loren Linton, Deceased, Appellant (Plaintiff), v. June C. CASEY, Personal Representative of the Estate of Robert C. Wilkoske, Deceased, Appellee (Defendant).

Supreme Court of Wyoming.

July 18, 2002.


Attorney(s) appearing for the Case

David G. Lewis, Jackson, Wyoming; and David Broiles, Fort Worth, TX, Representing Appellant.

J. Kent Rutledge and Becket B. Hinckley of Lathrop & Rutledge, P.C., Cheyenne, WY, Representing Appellee.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.


VOIGT, Justice.

[¶ 1] This is an appeal from a judgment on the pleadings granted to the Wilkoske Estate in a wrongful death action. The district court held that the complaint was premature and ineffective because it was filed before the related claim was rejected by the personal representative of the Wilkoske Estate, and that, when the two-year condition precedent of the wrongful death statute expired prior to such rejection, so, too, did the cause of action...

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