Nodine v. Jackson Hole Mountain Resort Corp.

Chrstine Nodine, whose husband was killed by an avalanche on a ski run at Jackson Hole Mountain Resort (JHMR), appealed the district court's summary judgment order dismissing her wrongful death action. The court dismissed the action pursuant to Estate of Johnson because Nodine, although duly appointed as personal representative of her husband's estate in her home state of Texas, had not been appointed personal representative by the Wyoming state district court upon the filing of her wrongful death action and before the two-year period for filing the wrongful death action expired. The Supreme Court reversed, holding (1) the cause of action in this matter accrued before the publication of Johnson; and (2) the Court's decision in Johnson was intended to have prospective operation only and did not apply retroactively to strip Nodine of her status as a properly appointed personal representative in her wrongful death action against JHMR. View "Nodine v. Jackson Hole Mountain Resort Corp." on Justia Law