Keith D Hagfors, as Trustee for the Next of Kin of Sara E Hagfors v. Fairview Health Services, ...

Summary

The court held that appointment as a trustee is a condition precedent to commencing a wrongful-death action under Minnesota's wrongful-death statute. Because Hagfors served the summons before his appointment as trustee, his attempted action was a legal nullity, and later appointment and service did not cure the defect before the limitations period expired. The court therefore affirmed the court of appeals. No separate opinions were filed.