Relf v. Shatayeva
2013 IL 114925
| Ill. | 2013Background
- Motor vehicle accident in Feb 2008; Grand Pre died shortly after, estate opened Aug 2008; independent administrator appointed to the estate in Sept 2008; plaintiff filed suit Feb 2010 naming Grand Pre; plaintiff appointed a secretary of her attorney as ‘special administrator’ to defend the estate; statute of limitations expired before substitution occurred; circuit court dismissed as time-barred; appellate court reversed and remanded; majority holds estate personal representative required for 13-209(c) substitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 13-209(c) governs when death is unknown to plaintiff at filing | Relf argues 13-209(c) allows substitution after death undiscovered | Shatayeva argues 13-209(c) requires a personal representative substituted | Yes, 13-209(c) governs. |
| Whether Shatayeva qualifies as a personal representative under 13-209(c) | Shatayeva should be treated as personal representative substituted for Grand Pre | Shatayeva is not a personal representative; she is a ‘special administrator’ | Shatayeva is not a personal representative. |
| Whether appointing a special administrator preserves an untimely action | Special administrator appointment salvages timely filing | Special administrator cannot substitute for personal representative under 13-209(c) | No, cannot preserve untimely action. |
| Whether the 2-year extension under 13-209(c)(4) salvages the claim | Even with late substitution, extension could apply | Extension not applicable here since substitution not proper | Extension does not apply; action dismissed. |
Key Cases Cited
- Volkmar v. State Farm Mutual Automobile Insurance Co., 104 Ill. App. 3d 149 (1982) (dead defendant cannot be party to suit)
- Danforth v. Danforth, 111 Ill. 236 (1884) (a judgment against a dead person is a nullity)
- Bricker v. Borah, 127 Ill. App. 3d 722 (1984) (dead party-related jurisdictional concerns)
- Augustus v. Estate of Somers, 278 Ill. App. 3d 90 (1996) (section 13-209(c) purposes and timing explored)
- Keller v. Walker, 319 Ill. App. 3d 67 (2001) (discussion of 13-209(c) relevance though distinguishable)
- Greene v. Helis, 252 Ill. App. 3d 957 (1993) (special administrator vs. personal representative distinction)
- Lindsey v. Special Administrator of the Estate of Phillips, 219 Ill. App. 3d 372 (1991) (special administrator considerations under prior rules)