Holmes v. Holmes
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The Supreme Court affirmed the judgment of the circuit court dismissing Plaintiff's wrongful death lawsuit against Union Pacific Railroad Company under the Federal Employes' Liability Act, 45 U.S.C. 51, et seq. (FELA), holding that the circuit court did not abuse its discretion in overruling Plaintiff's motion for leave to amend her petition out of time.
Plaintiff brought this action in her purported capacity as the personal representative of the estate of her husband (Decedent). In its motion to dismiss, Union Pacific argued that, prior to filing suit, Plaintiff was not appointed the personal representative of Decedent's estate, as required under 45 U.S.C 51. The circuit court granted Plaintiff thirty days to obtain the appointment and amend her petition. Plaintiff, however, was not appointed the personal representative of Decedent's estate until after the deadline. The circuit court dismissed the action. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in refusing to further extend the deadline for Plaintiff to file an amended petition out of time.
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