Robert Myers and Jackie Myers, His Wife, Plaintiffs and Appellants v. Reggie McDonald, Defendant and Respondent

Summary

The Utah Supreme Court held that the two-year limitations period for wrongful death may be judicially extended in the exceptional circumstance where plaintiffs, despite due diligence, had no knowledge that the decedent had died and therefore no practical opportunity to bring an action. Because the pleadings alleged facts supporting that exception, dismissal on limitations grounds was improper, although plaintiffs must still prove due diligence at trial. Justice Howe concurred, reasoning that constitutional protections required creating this exception despite the statute's plain language.