[Download] "Lucie Allen Peek Et Al. v. Equipment Service Company San Antonio Et Al." by Supreme Court Of Utah # Book PDF Kindle ePub Free

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eBook details

• Title: Lucie Allen Peek Et Al. v. Equipment Service Company San Antonio Et Al.
• Author : Supreme Court Of Utah
• Release Date : January 08, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

These cases present the question of whether a plaintiff seeking damages under the wrongful death and survival statutes invokes the jurisdiction of a district court by filing a petition which fails to allege either a specific amount of damages or that the damages sustained exceed the courts minimum jurisdictional limits. The district court held that its jurisdiction was not invoked by such a pleading. Because plaintiffs did not file a pleading properly alleging damages until after the applicable statute of limitations had run, the district court dismissed the suit. The court of appeals, in two unpublished opinions, affirmed. We reverse the judgments of the court of appeals and remand this consolidated cause to the trial court because the original pleading, although defective, was sufficient to invoke the courts jurisdiction and prevent the running of limitations.

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