Wyoming High Court Reverses Dismissal Of Survival Action Against Nursing Home

Mealey's (June 9, 2021, 3:34 PM EDT) -- CHEYENNE, Wyo. — A trial court erred in dismissing a survival action filed by the daughter of a former nursing home resident on grounds that she was not the real party in interest because she had not been appointed personal representative of her father’s estate by the probate court, which had instead appointed his companion, because the facility’s objection was untimely; however, the lower court properly denied the daughter’s motion to amend the complaint to add a wrongful death claim, the Wyoming Supreme Court ruled June 7....