Who is my plaintiff by Friday?
Nursing home resident, now deceased, but I cannot make the death connection. Good survivorship damages, however. Never married, survived by brother only. Nephew had POA prior to death. Assuming I want to file by Friday, who is my Plaintiff - the brother? Any basis for permitting nephew to be Plaintiff?
Answer: You can file in the name of the not-yet-existent estate and then get an estate set up and then substitute the estate as plaintiff. See: Weeks v. Cessna Aircraft Co., 1994 OK CIV APP 171, 895 P.2d 731 (Approved for Publication by Supreme Court) and Broadway v. Peak Medical, 2005 OK CIV APP 63, 120 P.3d 872.
Posted on Mon, December 14, 2009
by Sharon Coleman