A Capehart Scatchard Blog

Tag: statute of limitations

Survivor’s Act Claim Barred Due To The Failure To Timely Appoint A General Administrator Of The Deceased Plaintiff’s Estate

By on October 8, 2021 in Claims with 0 Comments

This matter arises from an automobile accident on December 21, 2016 when the decedent, Joseph Chandler, was struck by an automobile driven by defendant Todd Kasper.  The decedent suffered significant injuries and passed away six days later.  The decedent’s daughter, Damaris Chandler, obtained an appointment as Administrator Ad Prosequendum but was not appointed as General […]

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Lawsuit of Deceased Plaintiff Dismissed Due to Death Occurring Before Complaint Filed

By on August 21, 2020 in Litigation with 0 Comments

The lawyer representing the plaintiff Carolyn Repko (“Repko”) filed a lawsuit in her name in September 2018, not knowing that she had died nine months previously.  He filed suit against the defendant Our Lady of Lourdes Medical Center, Inc. (“Lourdes”) due to plaintiff’s fall which had occurred in September 2016.  The issue in Repko v. […]

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Court Finds that Equitable Tolling of Statute of Limitations Did Not Apply to Prevent Lawsuit’s Dismissal

By on July 7, 2017 in Court Rulings with 0 Comments

Plaintiff Ronald Rowell was injured on February 17, 2011 when his tractor trailer, parked in a commercial warehouse located in New Jersey, was struck by another vehicle. Initially, plaintiff sued the defendants he believed were responsible for the accident. However, after the statute of limitations expired, the plaintiff discovered the correct parties responsible for the […]

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