In re Estate of Kleine
2015 IL App (2d) 150063
Ill. App. Ct.2015Background
- Decedent Nancy Kleine died March 26, 2012; probate estate opened and letters of office issued to Richard Calkins on January 7, 2013.
- Jim Kleine filed a three-count wrongful-death/survival/Nursing Home Care Act complaint March 18, 2014; he was not the special administrator at that time (appointed March 20, 2014).
- After procedural exchanges and a dismissal directed at Jim’s improper appointment, the trial court permitted Calkins (the properly appointed administrator) to file a second amended complaint substituting him as plaintiff on August 8, 2014 — after the limitations period had run.
- Defendants moved to dismiss, arguing the substitution could not relate back because the original complaint was filed by an improperly appointed special administrator and a proper administrator (Calkins) had been in place before the limitations period expired.
- Trial court denied dismissal and certified the Rule 308 question: whether relation-back applies where a timely wrongful-death/survival action was filed by an improperly appointed special administrator and the properly appointed administrator was substituted after the statute of limitations ran.
- Appellate court granted leave and answered the certified question: the amended complaint relates back to the timely original complaint; the cause was remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an amended wrongful-death/survival complaint that substitutes the properly appointed administrator after the limitations period relates back to an original complaint timely filed by an improperly appointed special administrator | Relation-back applies; the original complaint was timely and the amended pleading arises from the same transaction — technical defects in appointment should not bar claims | Relation-back cannot save the claim because the original filing by an improperly appointed administrator was a nullity and only the properly appointed administrator (who failed to sue within the limitations period) could own the cause of action | Relation-back applies; amended complaint substituting the proper administrator relates back when the original was timely and the claims arise from the same transaction |
Key Cases Cited
- Pavlov v. Konwall, 113 Ill. App. 3d 576 (Ill. App. Ct.) (proper appointment of administrator may relate back to timely original wrongful-death filing)
- Kubian v. Alexian Brothers Medical Center, 272 Ill. App. 3d 246 (Ill. App. Ct.) (relation-back did not cure procedural defects where court lacked statutory authority to appoint special administrator)
- Boatmen’s Nat’l Bank of Belleville v. Direct Lines, Inc., 167 Ill. 2d 88 (Ill.) (relation-back allowed where original complaint informed defendant of the nature of the action and amended pleadings arose from same transaction)
- Redmond v. Central Community Hospital, 65 Ill. App. 3d 669 (Ill. App. Ct.) (amendment may relate back to cure defective pleading that omitted a condition precedent)