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Sulzen v. Williams3/11/1999
. The court ruled that the amended complaint set forth no new material facts and that the Sulzens' claim against Shaun Carstensen "may be legally insufficient or futile, for failure to give notice, and failure to serve during the appropriate time frame."
The Sulzens appealed this ruling, challenging the trial court's apparent Conclusion that the statute of limitations had run and that their effort to amend their complaint was thus futile. The Sulzens contended that the statute of limitations was tolled with respect to Brandon Holton because he was a minor. Additionally, the Sulzens argued they were entitled to amend their complaint under Rule 15's "relation back" doctrine and liberal amendment policy.
On March 21, 1997, while their appeal was pending before this court, the Sulzens filed a second action naming Seth Jepson and Shaun Carstensen as defendants, sued through their legal guardians. Once again, the Sulzens filed their claim both individually and on behalf of Brandon Holton.
Jepson subsequently filed a Rule 12(b)(6) motion for dismissal of the second complaint, or, in the alternative, a motion for summary judgment in his favor. According to Jepson, the Sulzens' claims were barred by the applicable statute of limitations, which requires claimants to bring actions "for recovery of damages for a death caused by the wrongful act or neglect of another" within two years. Utah Code Ann. § 78-12-28(2) (Supp. 1998). Jepson asserted that, because Elizabeth Holton was killed in July 1994 and the Sulzens were appointed as Brandon's guardians in November of that same year, the Sulzens filed their March 21, 1997, complaint well past section 78-12-28(2)'s two-year deadline. In later pleadings, Jepson further contended that Utah Code Ann. § 78-12-36 (1996), which tolls statutes of limitations for minors during their minority, did not apply to Brandon Holton's claim. A 1987 amendment to section 78-12-36, Jepson claimed, removed minors with legal guardians from the scope of the statute's tolling provision. Hence, Jepson argued that since Brandon's grandparents had been appointed his legal guardians, section 78-12-36 did not toll the statute of limitations pertaining to his claim.
The trial court agreed, granted Jepson's motion, and dismissed the Sulzens' second complaint as barred by section 78-12-28(2)'s limitations period. The Sulzens again appealed. In the interest of judicial economy, we consolidated the Sulzens' two appeals. For reasons which will become clear, we focus our decision all but exclusively on the first appeal.
ISSUES AND STANDARD OF REVIEW
The Sulzens appeal the trial court's grant of Jepson's motion to dismiss and denial of the Sulzens' motion to amend their complaint in their first action, which rulings were based on (1) the court's Conclusion that the amendment sought by the Sulzens set forth no new material facts; (2) statute of limitations concerns; and (3) concerns with the timeliness of service of process. The Sulzens also appeal the trial court's grant of Jepson's motion to dismiss and/or motion for summary judgment in their second action, which ruling was based solely on the statute of limitations.
"The standard of review of a denial to amend pleadings is abuse of discretion." Kasco Servs. Corp. v. Benson, 831 P.2d 86, 92 (Utah 1992). Because they present questions of law, in reviewing summary judgments and rule 12(b)(6) dismissals "we accord no deference to the trial court's determinations and review the issues under a correctness standard." Harmon City, Inc. v. Nielson & Senior, 907 P.2d 1162, 1167 (Utah 1995).
AMENDMENT OF THE COMPLAINT
Rule 15(a) mandates that
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