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Partner Rebecca Devlin Obtains Summary Judgment and Dismissal of Wrongful Death Claim

Posted: October 28, 2020

LJAA Partner Rebecca Devlin obtained summary dismissal of a wrongful death action brought against a motorist on behalf of a pedestrian who passed away due to the injuries he sustained in the accident.   The wrongful death action was commenced by the deceased pedestrian’s spouse just after the passage of the statute of limitations. The plaintiff argued that the statute of limitations was tolled due to the mistake of her prior attorney in failing to timely commence suit while an administrator was appointed on behalf of the decedent’s infant daughter. Rebecca successfully argued that the running of the two-year statute of limitations in wrongful death cases is not tolled by mistake, ignorance, or lack of knowledge, nor is the two-year statute of limitations for a wrongful death action tolled during the pendency of the application for letters of administration.