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Pennsylvania Injury Lawyers
New SOL case on death of Defendant (Pa. Superior Court)Below is a link to Gojmerac v. Naughton from the Superior Court on 12/14/06 where the court held that the trial court properly granted summary judgment in favor of the defendants when the Administratrix of an estate was not substituted as a Defendant in the case for the decedent within one year of the decedent's death. Under 20 Pa. C.S.A. 3383 the statute of limitations did not expire until one year after the decedent's death because he passed away within one year of the original SOL. However, in this case neither a new case was filed nor the administratrix substituted within one year of the death. There was a fax and notice of the claim sent to the defense lawyer on the one year anniversary of the death. The plaintiffs claimed that this was sufficient under Section 3383 to be notice of a claim which tolls the SOL but the court indicates that this tolling only applies to creditors and not the personal injury plaintiff. Thus, the statute of limitations was held to have expired unless the administrator was substituted on or before the one year of death or a new case was filed. [Read More - Article PDF]
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