Relf v. Shatayeva
975 N.E.2d 1204
Ill. App. Ct.2012Background
- Relf filed a personal injury action against decedent Joseph Grand Pre, Jr., unaware he had died before filing.
- Upon learning of the death, Relf moved to spread death of record and appoint a special administrator, which the circuit court granted.
- Natasha Shatayeva was appointed as special administrator for the estate of Joseph Grand Pre, Jr., and Relf was allowed to file a first amended complaint.
- Defendant filed a 2-619 motion to dismiss, arguing the complaint was a nullity because a probate estate had already been opened and section 13-209 did not apply.
- Relf filed a second amended complaint naming Shatayeva as special administrator; defendant argued the action should have been brought against the estate and within time limits.
- The circuit court granted the 2-619 motion to dismiss; on appeal, the issue centered on whether §13-209(c) allowed suit against a deceased defendant when the death was unknown at filing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §13-209(c) governs unknown death at filing | Relf complied with §13-209(c) after learning death. | Proceed under §13-209(b); estate already opened, dismissal proper. | §13-209(c) controls; dismissal reversed. |
| Whether the circuit court properly granted a 2-619 dismissal | Plaintiff satisfied §13-209(c)’s conditions and timely substituted and served. | Estate opened; complaint void as a nullity under §13-209(b)/(c). | Court erred; 2-619 dismissal reversed and remanded. |
| Whether substitution and service were diligent under §13-209(c)(4) and (2) | Substitution and service were diligently pursued after learning death. | Procedural steps not timely or properly completed. | Plaintiff showed diligence; §13-209(c) satisfied. |
Key Cases Cited
- Minikon v. Escobedo, 324 Ill. App. 3d 1073 (2001) (addressed §13-209(c) to avoid dead defendants when death unknown)
- Augustus v. Estate of Somers, 278 Ill. App. 3d 90 (1996) (legislative intent to address unaware-of-death plaintiffs)
- Keller v. Walker, 319 Ill. App. 3d 67 (2001) (noted §13-209(c) purpose; limitations on notice and substitution)
- Lata v. Curtis, 227 Ill. 2d 364 (2008) (de novo review standard for 2-619 motions; light of pleadings)
- Gaffney v. Board of Trustees of the Orland Fire Protection District, 2012 IL 110012 (2012) (statutory interpretation approach)