Nodine v. Jackson Hole Mountain Resort Corp.
277 P.3d 112
Wyo.2012Background
- Decedent David Nodine died in an avalanche on a JHMR ski run (Dec 27, 2008).
- Texas probate court appointed Nodine as Independent Administrator of the estate (Jul 16, 2009).
- Nodine filed a wrongful death action in federal court in Wyoming (Sep 17, 2009).
- Wyoming Supreme Court issued Johnson controlling that a personal representative for a wrongful death action must be appointed within the action (May 18, 2010).
- Nodine filed a Second Amended Complaint (Oct 5, 2010) asserting proper appointment and standing; JHMR admitted those allegations (Oct 14, 2010).
- Federal court dismissed Nodine’s claim without prejudice (Nov 24, 2010); Nodine filed in state court (Dec 22, 2010) within the two-year limit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Johnson applies prospectively and affects nodine’s case | Nodine argues Johnson should apply prospectively, not retroactively. | JHMR contends Johnson governs retroactively or as a jurisdictional prerequisite. | Johnson applies prospectively; retroactive application rejected. |
| Whether Nodine’s Texas appointment relates back to the initial filing | Appointment in Texas should relate back to the original filing. | Appointment timing must occur within Wyoming action per Johnson's framework. | Prospective application only; not retroactive relation back. |
| Whether a Texas-appointed personal representative satisfies Wyoming's requirements | Texas probate appointment should be sufficient to pursue the WY wrongful death action. | Wyoming requires appointment within the Wyoming action as a condition precedent. | Not a jurisdictional prerequisite; Johnson’s prospective rule applies. |
| Whether JHMR had standing to challenge Nodine’s capacity | Nodine timely sought appointment; capacity should not bar action. | Standing to challenge capacity validly raised by JHMR. | District court erred in dismissing for lack of capacity; Nodine properly appointed under Johnson’s prospective approach. |
Key Cases Cited
- Estate of Johnson v. State, 2010 WY 63, 231 P.3d 873 (Wyo. 2010) (held personal representative for wrongful death action must be appointed within the action; prospective only.)
- Bircher v. Foster, 378 P.2d 901 (Wyo. 1963) (overruled by Johnson; wrongful death action not required to be filed in probate court.)
- Ashley v. Read Constr. Co., 195 F. Supp. 727 (D. Wyo. 1961) (longstanding rule permitting foreign probate appointment in wrongful death actions.)
- AT&T Commc'ns of the Mtn. States, Inc. v. State Bd. of Equalization, 768 P.2d 580 (Wyo. 1989) (test for nonretroactivity and progression of new law analysis guidance.)
- Adkins v. Sky Blue, Inc., 701 P.2d 549 (Wyo. 1985) (weighing retroactivity factors in nonretroactive decisions.)
- Hanover Shoe, Inc. v. United Shoe Machinery Corp., 393 U.S. 487 (U.S. 1968) (illustrative of retroactivity principles.)
- Linkletter v. Walker, 381 U.S. 618 (U.S. 1965) (retroactivity framework guidance.)