Porter v. Ford Motor Company, No. 18-8028 (10th Cir. 2019)Annotate this Case
Keshia Porter appeals the district court’s dismissal of her complaint as time barred. Porter’s husband, Delandis Richardson, was killed in an auto accident in Campbell County, Wyoming, on November 25, 2014. Within two years, on November 21, 2016, Vance Countryman filed a “Petition/Action for the Appointment of Wrongful Death Representative” in the District Court of Campbell County, Wyoming. Countryman requested appointment as Richardson’s WDR under Wyo. Stat. Secs. 1-38-101 to 105. The state court judge expressed concern that appointing Countryman, who would be acting as an attorney in the wrongful death suit, could pose ethical problems. On April 27, 2017, Porter filed an “Amended Petition/Action for the Appointment of Wrongful Death Representative” asking the court to appoint her as Richardson’s WDR. It stated that “[t]his petition is ‘made in a separate action brought solely for appointing the wrongful death representative’ pursuant to Wyo. Stat. Ann. 1-38-103(b).” The document was filed in the existing state court action. On July 10, 2017, the court appointed Porter the WDR for Richardson. Porter then filed this action against Ford Motor Company on August 7, 2017, as Richardson’s WDR. Ford moved to dismiss, arguing that Porter’s claims were barred by Wyoming’s two-year limitations period for wrongful death actions. The district court agreed and dismissed the complaint with prejudice. Porter timely appealed. The Tenth Circuit determined that a WDR petition was filed by another putative representative within two years and Porter was appointed WDR in that state court action. She then filed the present suit within thirty days of her appointment. On these facts, the Court concluded Porter’s complaint was timely under Wyo. Stat. 1-38-103(b)(ii). Accordingly, the Court reversed and remanded this case for further proceedings.