Faucheaux v. Provo City
2018 UT App 150
| Utah Ct. App. | 2018Background
- In 2009 Kevin Faucheaux called 911 after finding his wife Helen confused and possibly overdosing; Provo police responded, concluded she was merely intoxicated, left, and she died hours later.
- Faucheaux sued Provo City for wrongful death, alleging officers negligently failed to protect Helen after a requested welfare check.
- At summary judgment the district court held Provo owed no duty and granted judgment for the City; this Court reversed and remanded, rejecting governmental immunity and the public-duty defense.
- On remand Provo moved to dismiss, asserting the caption named the "Estate of Helen M. Faucheaux," and an estate lacks authority to bring a wrongful-death action under Utah Code § 78B-3-106(1).
- The district court dismissed for lack of subject-matter jurisdiction; the Court of Appeals reversed, holding lack of capacity to sue is an affirmative, waivable defense (not jurisdictional) and Provo waived it by failing to raise it earlier.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suit must be dismissed for lack of subject-matter jurisdiction because the caption named the estate | Faucheaux: caption error was technical; complaint shows he sued as personal representative for heirs; capacity can be corrected | Provo: an estate cannot bring a wrongful-death claim; plaintiff lacks authority so court lacks jurisdiction | Court: lack of capacity to sue is not jurisdictional standing but an affirmative, waivable defense; Provo waived it by not timely raising it; case remanded on merits |
| Whether the real party in interest requirement (Rule 17) bars the suit as pleaded | Faucheaux: complaint pleads he is personal representative for heirs; Rule 15/correction should allow cure | Provo: named party (estate) is not authorized by statute to be plaintiff in wrongful-death action | Court: real-party-in-interest/capacity issue is not jurisdictional; timely objection required; here it was waived |
| Whether Utah wrongful-death statute permits the estate as plaintiff | Faucheaux: action brought for benefit of heirs; substance over caption | Provo: statute permits heirs or personal representative for benefit of heirs, not the estate per se | Court: statute does not authorize an action by the estate alone, but that defect concerns capacity, not subject-matter jurisdiction |
| Whether dismissal without leave to substitute/ratify was required | Faucheaux: court should allow time to ratify, join, or substitute real party in interest | Provo: argued suit defective as captioned | Court: because Provo waived the capacity defense and plaintiff is before the court, remand for merits — no need to resolve Rule 17 timing now |
Key Cases Cited
- Peck v. State, 191 P.3d 4 (Utah 2008) (pleading standards and review on motion to dismiss)
- Faucheaux v. Provo City, 343 P.3d 288 (Utah Ct. App. 2015) (prior appeal reversing summary judgment on immunity and public-duty grounds)
- Elite Legacy Corp. v. Schvaneveldt, 391 P.3d 222 (Utah Ct. App. 2016) (distinguishing standing from capacity to sue; capacity is waivable)
- Haro v. Haro, 887 P.2d 878 (Utah Ct. App. 1994) (wrongful-death remedy intended for heirs; estate is not proper plaintiff)
- Wall Inv. Co. v. Garden Gate Distrib., Inc., 593 P.2d 542 (Utah 1979) (failure to meet a statutory formality does not necessarily disqualify as plaintiff)