Lichter v. Porter Carroll
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In January 2018, Lichter filed a personal injury action against Christopher for injuries she suffered in a car accident in February 2016, not knowing that Christopher had died in June 2017. An estate was never opened for Christopher following his death. In April 2018, Lichter successfully moved (735 ILCS 5/2-1008(b)(2)) to appoint Carroll as the special representative of Christopher’s estate for the purpose of defending the lawsuit. Lichter subsequently filed an amended complaint, naming Carroll as the special representative of Christopher’s estate and the defendant. Counsel for Christopher’s insurer, State Farm, appeared on behalf of the defendant. In March 2020, the defendant moved to dismiss Lichter’s complaint (735 ILCS 5/2-619(a)), arguing that the action was time-barred because Lichter never moved to appoint a personal representative of Christopher’s estate before the statute of limitations expiring, as required by 735 ILCS 13- 209(c).
The appellate court reversed the dismissal of the case; the Illinois Supreme Court affirmed. Subsection (b)(2), relating to the appointment of a special representative is not limited to situations where the plaintiff is aware of the defendant’s death. It was enacted to streamline the court process when there is no personal representative in place to defend a lawsuit. A plaintiff who learns of a defendant’s death after the statute of limitations has expired is not required to move to appoint a personal representative through the probate court.
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