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IN RE ESTATE OF OSTLER

No. 20080180.

227 P.3d 242 (2009)

2009 UT 82

In the Matter of the ESTATE OF Gary Wayne OSTLER, Deceased, Melissa Walker, on behalf of her Son, Adam Kunic Moses Walker, Plaintiff and Appellant, v. Douglas L. Stowell, as Personal Representative of the Estate of Gary Wayne Ostler, Defendant and Appellee.

Supreme Court of Utah.

Rehearing Denied March 17, 2010.

Attorney(s) appearing for the Case

Moses Lebovits, Los Angeles, CA, Mary Jane Whisenant, Salt Lake City, for plaintiff.

Alan R. Andersen, James G. Swensen, Salt Lake City, for defendant.

WILKINS, Justice:

¶ 1 Melissa Walker, on behalf of her minor child, brought a wrongful death claim against the estate of Gary Ostler, the pilot of the airplane in which the child's father was a passenger and died. The claim against the estate was brought nearly four years after the father's death, and more than three years after the expiration of the 90-day window for the filing of claims against the estate under the Utah Probate Code. The estate disallowed the...

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