Relf v. Shatayeva

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2013 IL 114925
Decision Date: 
October 18, 2013
District: 
1st Dist.
Division/County: 
Cook Co.
Justice: 
KARMEIER
Holding: 
Appellate court reversed; circuit court affirmed.
Just prior to two-year statute of limitations, Plaintiff filed personal injury suit against defendant driver, who had, unbeknownst to Plaintiff, died shortly after auto accident. Plaintiff should have sought leave to amend complaint so as to substitute Independent administrator of defendant's estate as defendant. As estate had already been opened for defendant and letters of office had issued to his executor, Section 13-209(c) of Code of Civil Procedure required that action be commenced against personal representative, upon Plaintiff learning of defendant's death. (FREEMAN, THOMAS, GARMAN, BURKER, and THEIS, concurring; KILBRIDE, dissenting.)