June 25th, 2019 by Rieders Travis in Procedure

York County dismissed a medical malpractice case because although a suggestion of death was filed by one of the parties two months after decedent’s death and letters of testamentary were issued in New Jersey appointing a personal representative, plaintiff appellant delayed for over a year in presenting the substitution motion to the court under §3375 of 20 Pa. C.S.A. Trial court abused its discretion when it granted the motion to abate and dismiss the underlying medical malpractice cause of action. It is clear the statute requires that an estate be raised, letters of administration be issued, and a personal representative be appointed within one year of the suggestion of death being filed. The actual timing of the substitution of the personal representative in the underlying action is not governed by 3375. The substitution was filed and stamped within one year of decedent’s death even though the motion to substitute is not governed by the time limitation of §3375. Sweda vs. Univ. of PA, 2019 U.S. App. LEXIS 13284