917 F.3d 1246
10th Cir.2019Background
- Decedent Delandis Richardson died in an auto accident on November 25, 2014 in Campbell County, Wyoming.
- On November 21, 2016 (within two years), Vance Countryman filed a petition in Wyoming district court to appoint a wrongful death representative (WDR).
- The state court expressed ethical concerns about Countryman acting as both attorney and WDR; on April 27, 2017 Keshia Porter filed an amended petition in the same state-court action seeking appointment as WDR.
- The state court appointed Porter as WDR on July 10, 2017; Porter filed the present federal wrongful-death suit on August 7, 2017 (within 30 days of appointment).
- Ford moved to dismiss as time-barred under Wyo. Stat. § 1-38-102(d); the federal district court dismissed with prejudice, and Porter appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the federal suit is timely under Wyoming's wrongful-death statutes | Porter: Tolling under § 1-38-103(b)(ii) applies because an action to appoint a WDR was filed within two years (Countryman’s petition), and she sued within 30 days of appointment | Ford: Tolling does not apply because Porter’s amended petition was filed after two years and/or Countryman’s petition was not "properly filed"; Porter failed to strictly comply with appointment procedure | Court: Timely. Tolling triggered when the WDR-appointment action was filed within two years; no relation-back inquiry needed; Porter’s suit filed within 30 days of appointment is timely |
| What "properly filed" means in § 1-38-103(b)(ii) | Porter: "Properly filed" is satisfied by timely submission of Countryman’s petition | Ford: "Properly filed" requires substantive sufficiency (ethical issues undermine propriety) | Court: "Properly filed" means filing-formalities (time, place, fees), not merits or substantive issues; Countryman’s timely filing tolled limitations |
| Whether Porter’s procedural form (amended petition vs. intervention) defeats tolling | Porter: Filing the amended petition in the same action suffices; state court treated it within the existing action | Ford: Porter should have intervened or strictly labeled her filing; failure bars tolling | Court: Procedural labeling is not a basis to collaterally attack the state-court appointment; state court’s appointment controls |
| Whether collateral attack on state-court appointment is permitted | Porter: State-court appointment stands; defendant lacks standing to collaterally attack | Ford: Seeks to invalidate appointment to defeat tolling | Court: Collateral attack is improper absent facial invalidity; state-court appointment binding for tolling purposes |
Key Cases Cited
- Acosta v. Jani-King of Okla., Inc., 905 F.3d 1156 (10th Cir. 2018) (Rule 12(b)(6) dismissal standard)
- Burnham v. Humphrey Hosp. REIT Trust, Inc., 403 F.3d 709 (10th Cir. 2005) (diversity courts apply state statute-of-limitations law)
- Corkhill v. Knowles, 955 P.2d 438 (Wyo. 1998) (wrongful-death causes of action are statutory and appointment of WDR is prerequisite)
- Habteselassie v. Novak, 209 F.3d 1208 (10th Cir. 2000) ("properly filed" refers to filing formalities, not substantive merits)
- Halliburton Energy Servs., Inc. v. Gunter, 167 P.3d 645 (Wyo. 2007) (limits on defendants’ ability to collaterally attack WDR appointments)
- Harmon v. Star Valley Med. Ctr., 331 P.3d 1174 (Wyo. 2014) (strict compliance with conditions precedent principles)
- Gee v. Pacheco, 627 F.3d 1178 (10th Cir. 2010) (judicial notice of documents in deciding a Rule 12(b)(6) motion)
- St. Louis Baptist Temple, Inc. v. Fed. Deposit Ins. Corp., 605 F.2d 1169 (8th Cir. 1979) (judicial notice of records from related cases)