Kinsey v. Pangborn Corp. et. al.
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The "last will and testament" of Ted Watkins named his ex-stepdaughter Petitioner Diana Kinsey as executrix of his estate, and bequeathed all of his property to her. A year following his death, the estate was closed, and Petitioner was discharged from her executrix duties. Several years later, she filed a wrongful-death action against various silica-related entities in circuit court for Mr. Watkins' death from silicosis. The defendants moved to dismiss the claim as barred by the applicable statutes of limitations or alternatively, that Petitioner lacked standing to file the action. The circuit court dismissed all defendants with prejudice. In its review of the case, the Supreme Court only dealt with the issue of whether Petitioner's claim was time barred by the statute of limitations, and indeed found that her claim was so barred. Accordingly, the Court affirmed the trial court's grant of summary judgment dismissing Petitioner's action.
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