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HAMILTON v. BLACKMAN5/17/1996
1. INTRODUCTION
Nearly twenty-six months after they and their children were injured in a two-vehicle collision, Michael Hamilton and Robyn Willett brought a tort action against a deceased person, William Blackmon. Blackmon, the driver of the second vehicle, suffered fatal injuries. The superior court dismissed the complaint. This appeal raises questions about how to enforce claims against the estates of deceased persons, the time in which to do so, and the potential application of the relation back doctrine when the original complaint directly names a deceased person. We remand to the superior court to determine whether Hamilton and Willett should be permitted to amend their complaint in this case.
2. FACTS AND PROCEEDINGS
On April 19, 1991, a vehicle driven by William E. Blackmon collided head-on with a vehicle driven by Michael Hamilton; Robyn Willett and two young minors, Mikki Hamilton and Randi Willett, were passengers in the vehicle driven by Hamilton. Blackmon received fatal injuries; Hamilton, Willett, and the two minors (hereafter collectively "Hamilton and Willett") were injured.
In April 1991 Hamilton and Willett submitted their claim to State Farm Mutual Automobile Insurance Company (State Farm), which provided liability insurance for Blackmon and medical coverage for Hamilton and Willett at the time of the accident. On May 21 Blackmon's wife, Linda Blackmon (now Stiffler) filed an application in probate court to receive decedent's personal property. She represented that the value of the estate did
not exceed $15,000 and that no application for appointment of a personal representative was pending or had been granted. On May 28 the superior court ordered that Linda Blackmon was entitled to receive decedent's personal property. The court closed the probate file the same day.
In early 1992 Hamilton and Willett retained counsel and began settlement correspondence with State Farm. On June 3, 1993, State Farm notified the attorney for Hamilton and Willett that the statute of limitations appeared to have run on any claims by the adults and inquired whether counsel wanted to meet and settle the minors' claims.
Hamilton and Willett filed suit five days later. They apparently served Linda Stiffler with the complaint and summons on June 16. The complaint named and referred to the defendant as "William E. Blackman, (Deceased)." The summons referred to the Defendant as "Personal Representative of the Estate of William Blackman, deceased, Linda Blackman, Personal Representative." Counsel filed an answer on behalf of "the defendant, William E. Blackman (deceased)" on June 28.
The defendant, through counsel, moved to dismiss the suit on the ground that no personal representative had been appointed for the estate, and thus Hamilton and Willett had "filed suit against a deceased person and attempted service upon the widow" in violation of AS 13.16.020. Hamilton and Willett argued that they should not be required to obtain the appointment of a personal representative since they were not suing an estate, but rather were willing to restrict damages to Blackmon's liability insurance policy limits. Acknowledging the apparent misspelling, they argued that if the court would not let them proceed against "William Blackmon, deceased," they should be permitted either to amend their complaint to assert a claim against State Farm as the real party in interest, or to file a probate action to obtain the appointment of a personal representative for Blackmon's estate and to amend their complaint to substitute the personal representative as defendant. Hamilton and Willett requested a hearing on the motion to dismiss. Denying
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