 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
MATTER OF ESTATE OF VOSS9/18/1996
.C.A.N. 2515-16) ; 18A Eugene McQuillen, The Law of Municipal Corporations ยง 53.153, at 351 (3d ed. rev.vol. 1993) ("Notice requirements protect the municipality from the expense of needless litigation, give it an opportunity for investigation, and allow it to adjust differences and settle claims without suit."); Don R. Bennett, Handling Tort Claims and Suits Against the State of Iowa, 17 Drake L.Rev. 189, 191 (1968) (settlement at administrative level avoids "lengthy and expensive litigation"). Obviously, settlement of claims is greatly facilitated if the person making the claim is the person entitled to any recovery and has the authority to settle.
Moreover, the same reason underlying our capacity-to-sue requirement in district court supports an identical requirement in this administrative context: the avoidance of multiple suits. The State should not be required to consider on the merits the claim of any person who can articulate a tenuous connection to the deceased when that person clearly has no legal capacity to recover in court. Nor should the State have to delay the disposition of a claim waiting for the possible appearance of other claimants with an equal or superior connection to the decedent. The filing of multiple claims for the same death needlessly complicates and burdens the system and wastes precious governmental resources. Cf. McNeil v. United States, 508 U.S. 106, 112, 113 S.Ct. 1980, 1984, 124 L.Ed.2d 21, 28 (1993) ("Although the burden [on the agency] may be slight in an individual case, the [Federal Tort Claims Act] governs the processing of a vast multitude of claims."). Therefore, we hold a claim is defective if it is not made by a claimant to whom the State would be liable for the damages sought.
C. Did Voss have the capacity to sue during the time she pursued her administrative claim? Voss was not the personal representative of the estate when she pursued her claim with the Board; that claim was made in Voss's individual capacity. Thus, the next issue is whether Voss individually was entitled to recover for the wrongful death of her son. Our case law is clear she was not. The right to recover wrongful death damages vests exclusively in the personal representative of the estate. Dyer, 533 N.W.2d at 224; Troester v. Sisters of Mercy Health Corp., 328 N.W.2d 308, 312 (Iowa 1982). Because Voss was not the estate's personal representative during the time she pursued her administrative claim, she had no capacity to make that claim on behalf of the estate.
Although Voss was appointed the administrator of the estate nearly two years later, that fact is of no assistance. Cf. Pearson v. Anthony, 218 Iowa 697, 702-03, 254 N.W. 10, 13-14 (1934) (considering relation back of appointment in district court proceeding rather than administrative proceeding). In Pearson, we held a plaintiff's appointment as administrator of her husband's estate did not relate back to the date she filed her wrongful death action to retroactively establish her capacity to bring the wrongful death claim. Pearson, 218 Iowa at 703, 254 N.W. at 13.
We recently relied on Pearson in affirming the dismissal of a wrongful death action brought by a plaintiff who was not the estate's personal representative. Dyer, 533 N.W.2d at 224. In Dyer, the plaintiff commenced a wrongful death action although she was not the estate's personal representative. Id. at 222. The district court dismissed the case, ruling the plaintiff did not have the capacity to sue. Id. The plaintiff argued she should have been permitted time to be appointed the administrator before the court dismissed her suit. Id. at 223. We concluded [553 NW2d Page 882]
the plaintiff's later appointment would not have saved
Page 1 2 3 4 Iowa Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|