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Craig v. Ludy5/18/1999
Linda R. and Rickie Craig appeal the summary dismissal of their complaint against James J. Ludy on grounds Mr. Ludy was dead and they failed to join his estate as a party within the applicable limitation period. We reverse and remand for trial because we agree they should have been permitted to amend their complaint to add Mr. Ludy's estate as a defendant.
Mrs. Craig and Mr. Ludy were involved in a traffic accident in Benton County on February 3, 1993. At the time of the accident, Mr. Ludy was insured in Washington and apparently was a Washington resident, but he moved shortly afterward to North Carolina. He died of causes unrelated to the accident on January 1, 1994, in North Carolina.
Unaware of Mr. Ludy's death, the Craigs filed a complaint against him personally in Benton County Superior Court on February 1, 1996. They effected service of process through the Secretary of State under the nonresident motorist statute, RCW 46.64.040. Attorneys for Mr. Ludy moved for dismissal on grounds Mr. Ludy was not a proper party. The Craigs then moved to amend the complaint to add Mr. Ludy's estate as a defendant. The superior court dismissed the action, holding "that a dead person is not a party before the Court and that the Secretary of State as statutory agent for a non-resident motorist is not an agent for a deceased person as the applicable statute does not so provide and as a general principle of law an agency is terminated by the death of the principal." The court also denied the Craigs' motion to add Mr. Ludy's estate as a defendant, holding the amendment would not relate back to the date the complaint was filed.
In reviewing a summary Judgement order, this court engages in the same inquiry as did the superior court. Safeco Ins. Co. v. Butler, 118 Wn.2d 383, 394, 823 P.2d 499 (1992). Summary Judgement is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a Judgement as a matter of law." CR 56(c). In this case there are no factual disputes, so the case is ripe for summary Judgement.
A putative defendant who dies before being served is not a proper party before the court. Sutton v. Hirvonen, 113 Wn.2d 1, 6, 775 P.2d 448 (1989). The Craigs mistakenly sued Mr. Ludy in his personal capacity; they should have sued his estate through its personal representative. It is unclear why the parties' arguments focus on whether the applicable limitation period is tolled in these circumstances. The Craigs filed and served their complaint here within the three-year limitation period provided in RCW 4.16.080(2). The only issue, then, is whether the Craigs were entitled to amend their complaint to substitute Mr. Ludy's estate as the defendant.
CR 15(c) provides:
Relation Back of Amendments. Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against him, the party to be brought in by amendment (1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.
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