Cited by

Opinions in Minnesota that cite Ortiz Ex Rel. Ortiz v. Gavenda, 590 N.W.2d 119.

47 citing documents.

Presbyterian Family Foundation On Behalf of Vulnerable Adult, Respondent, Minn. Ct. App. 2026
Dametria White, et al., as co-trustees for the next-of-kin of Helayne Bass, deceased, Appellants, Minn. Ct. App. 2026
Wrongful-death claims are “purely statutory, as common law recognized no such actions on the theory that a claim for personal injuries died with the victim.”
Keith D Hagfors, as Trustee for the Next of Kin of Sara E Hagfors, Appellant, Minn. Ct. App. 2025
-23 (Minn. 1999) (noting that under Minn. Stat. § 573.02, it is the trustee who has the exclusive right to maintain a wrongful-death action or to negotiate a settlement for the benefit of the next of kin).
In re: the Matter of the Le Duc Living Trust. Minn. Ct. App. 2025
7 in which the plaintiff commenced a wrongful-death action without having been appointed trustee for that purpose, as required by statute.
Shaira Mattingly v. American Family Insurance, Kathleen Plasch 6 N.W.3d 787 Minn. Ct. App. 2024
Shaira Mattingly v. American Family Insurance, Kathleen Plasch 6 N.W.3d 787 Minn. Ct. App. 2024
Joan Przybilla, as Trustee, for Next of Kin of Rose Kramer v. Vista Prairie at River Heights, LLC,... Minn. Ct. App. 2024
Joan Przybilla, as Trustee, for Next of Kin of Rose Kramer v. Vista Prairie at River Heights, LLC,... Minn. Ct. App. 2024
Wrongful-death claims are “purely statutory, as common law recognized no such actions on the theory that a claim for personal injuries died with the victim.”
Dennis J. Daulton, trustee for the next of kin of Brady Joel Daulton v. TMS Treatment Center, ... Minn. Ct. App. 2024
Dennis J. Daulton, trustee for the next of kin of Brady Joel Daulton v. TMS Treatment Center, ... Minn. Ct. App. 2024
1, within the specified three-year statute of limitations a “condition precedent to the right to maintain the action.” (explaining that a wrongful-death action is “purely statutory”).
Joseph Kurian, individually, and as Trustee for Samael Alessandro Ittyerah, deceased, Appellant, Minn. Ct. App. 2022
Kurian argues that the district court erred by dismissing the action (1) based on Kurian’s commencement of the wrongful-death action before he was appointed as a trustee for the next-of-kin and (2) pursuant to Minnesota Statutes section 145.682 (2020), based on Kurian’s failure to comply with the expert-witness-disclosure requirement.
Shane A. Kennedy, Respondent, Minn. Ct. App. 2017
(noting that the Minnesota Rules of Civil Procedure allow plaintiffs to amend complaints to add new parties “to prevent meritorious cases from being dismissed for technical, procedural violations”).
James Ariola, as next of kin of, and trustee for, the Estate of Jack Ariola Erenberg, his son, … 889 N.W.2d 340 Minn. Ct. App. 2017
James Ariola, as next of kin of, and trustee for, the Estate of Jack Ariola Erenberg, his son, … 889 N.W.2d 340 Minn. Ct. App. 2017
A wrongful-death claim is “purely statutory, as common law recognized no such actions on the theory that a claim for personal injuries died with the victim.”
Julie L. Pfeiffer, Trustee on behalf of the heirs and next of kin of Dale R. Pfeiffer v. … 851 N.W.2d 626 Minn. Ct. App. 2014
Julie L. Pfeiffer, Trustee on behalf of the heirs and next of kin of Dale R. Pfeiffer v. … 851 N.W.2d 626 Minn. Ct. App. 2014
Harbaugh v. Commissioner of Revenue 830 N.W.2d 881 Minn. 2013
Carlton v. State 816 N.W.2d 590 Minn. 2012
Carlton v. State 816 N.W.2d 590 Minn. 2012
Johnson v. State 801 N.W.2d 173 Minn. 2011
Johnson v. State 801 N.W.2d 173 Minn. 2011
Reed v. State 793 N.W.2d 725 Minn. 2010
Reed v. State 793 N.W.2d 725 Minn. 2010
No. 623, -21 (Minn.1986) (internal quotation marks omitted); (holding that an untimely filed petition for postconviction relief “should not be considered on the merits”); (“[T]he limitation provisions in a statutorily created cause of action are jurisdictional, requiring dismissal for failure to comply...
Metro Building Companies v. RAM Buildings, Inc. 783 N.W.2d 204 Minn. Ct. App. 2010
Criticized Metro Building Companies v. RAM Buildings, Inc. 783 N.W.2d 204 Minn. Ct. App. 2010
-23 (Minn.1999) (holding that the filing of a wrongful-death action was a nullity because a trustee had not been appointed as required by statute and appointment of a trustee was a statutory prerequisite to filing the action); Regie de l’assurance Auto.
Stewart v. State 764 N.W.2d 32 Minn. 2009
Stewart v. State 764 N.W.2d 32 Minn. 2009
2 (“[T]he limitation provisions in a statutorily created cause of action are jurisdictional, requiring dismissal for failure to comply.”) Affirmed.
Miklas v. Parrott 684 N.W.2d 458 Minn. 2004
Miklas v. Parrott 684 N.W.2d 458 Minn. 2004
Save Our Creeks v. City of Brooklyn Park 682 N.W.2d 639 Minn. Ct. App. 2004
Save Our Creeks v. City of Brooklyn Park 682 N.W.2d 639 Minn. Ct. App. 2004
and Regie de l'assurance Auto.
Haugland v. Mapleview Lounge & Bottleshop, Inc. 666 N.W.2d 689 Minn. 2003
Haugland v. Mapleview Lounge & Bottleshop, Inc. 666 N.W.2d 689 Minn. 2003
In support of *694 their arguments, Maplewood and Julio’s and Regie de l’assurance Auto.
Miklas v. Parrott 663 N.W.2d 583 Minn. Ct. App. 2003
Miklas v. Parrott 663 N.W.2d 583 Minn. Ct. App. 2003
“[L]imitation provisions in a statutorily created cause of action are jurisdictional.”
In Re the Appointment of a Trustee for the Heirs of Bodeker 661 N.W.2d 271 Minn. Ct. App. 2003
In Re the Appointment of a Trustee for the Heirs of Bodeker 661 N.W.2d 271 Minn. Ct. App. 2003
-24 (Minn.1999) (citations omitted).
Haugland v. Mapleview Lounge Bottleshop, Inc. 643 N.W.2d 618 Minn. Ct. App. 2002
Haugland v. Mapleview Lounge Bottleshop, Inc. 643 N.W.2d 618 Minn. Ct. App. 2002
the supreme court considered a similar issue in the context of a wrongful-death claim brought under Minn.Stat.
Peoples State Bank Truman v. Triplett 633 N.W.2d 533 Minn. Ct. App. 2001
Peoples State Bank Truman v. Triplett 633 N.W.2d 533 Minn. Ct. App. 2001
(affirming dismissal of statutory action not commenced within three-year limitation period).
Whitener Ex Rel. Miller v. Dahl 625 N.W.2d 827 Minn. 2001
Whitener Ex Rel. Miller v. Dahl 625 N.W.2d 827 Minn. 2001
Whitener v. Dahl 612 N.W.2d 188 Minn. Ct. App. 2000
Whitener v. Dahl 612 N.W.2d 188 Minn. Ct. App. 2000
Rugland v. Anderson, 30 Minn. 386, 386 , 15 N.W.
Bode v. Minnesota Department of Natural Resources 594 N.W.2d 257 Minn. Ct. App. 1999
Bode v. Minnesota Department of Natural Resources 594 N.W.2d 257 Minn. Ct. App. 1999
(finding no subject-matter jurisdiction when plaintiff bringing wrongful-death action failed to follow procedure required to gain appointment as trustee for next-of-kin); (referring to expiration of appeal period as subject-matter jurisdiction