Antishin v. Janiszewski

Monday December 20, 2021

Veronica Prange successfully obtained summary disposition of a Plaintiff’s entire lawsuit against her client, the Estate of a deceased insured, for third party damages resulting from a motor vehicle accident that took place in October 2016. After having a default against the Estate set aside, Ms. Prange filed a Motion for Summary Disposition in lieu of an Answer to the Amended Complaint. She argued that process issued in the matter was insufficient, service of process was insufficient and improper, and the Court never obtained jurisdiction over the Estate, as the Personal Representative was the real party in interest and was never named in the Amended Complaint, a summons never issued as to the Personal Representative, and she was never served with the Amended Complaint. In addition, Ms. Prange argued that, even if the Court deemed service sufficient in the matter, Plaintiff’s Amended Complaint named a new party, the Estate, and did not relate back to the filing of the original complaint. Ultimately, the Court agreed with the Defendant Estate on all points and entered an Order dismissing Plaintiff’s claims.

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