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A woman that filed a wrongful death action as a special administrator of her late son’s estate did not do so within a statutory two-year filing period, the Indiana Court of Appeals ruled in affirming a trial court’s dismissal of the complaint.
In October 2020, Justin Davis was involved in an automobile accident with Samantha Kunkel in Lake County. Davis died and Kunkel was seriously injured.
In June 2021, a supervised estate was opened for the limited purpose of accepting service of Kunkel’s claims against the estate, and an employee of Kunkel’s attorney was named as the special administratrix at that time.
Kunkel then filed a personal injury lawsuit against the estate and Fair Oaks.
In October 2021, Connie Davis-Brumley filed a wrongful death action against Fair Oaks Farms LLC, Fair Oaks Hospitality LLC, Farmhouse Restaurant LLC and Kunkel based on the death of her son, Justin.
The complaint alleged that Fair Oaks’s conduct caused Davis to be involved in the accident with Kunkel later that evening.
Davis-Brumley initially filed the action as natural mother of Davis, but then petitioned the probate court to be appointed as special administratrix of her son’s estate.
One day after the two-year period for the filing of the wrongful death action elapsed, the probate court granted Davis-Brumley’s petition to be appointed as special administratrix.
Davis-Brumley then filed a motion to substitute the estate as plaintiff.
Fair Oaks responded with a motion to dismiss the complaint on the grounds that the wrongful death action was not brought by the personal representative of the estate within the statutory two-year filing period of the Wrongful Death Act.
Davis-Brumley objected to the motion and argued that the wrongful death action was timely filed because her appointment as special administratrix “relate[s] back” to the date that she petitioned for the status. Fair Oaks responded that the relation-back doctrine was inapplicable.
The Lake Superior Court held a hearing on the motions and issued its order granting the motion to dismiss and denied the motion to substitute in June 2023.
On appeal, Davis-Brumley argued that her wrongful death action was timely filed when she petitioned to be appointed as special administratrix of the Estate within the two-year filing period of the Wrongful Death Act, but the petition was not granted until after that period elapsed.
She argued that the trial court erred by dismissing the wrongful death complaint and denying the motion to substitute.
The appellate court disagreed with David-Brumley and affirmed the trial court’s judgment.
In its opinion, the court ruled that although Davis-Brumley filed the wrongful death action on Oct. 3, 2022, two years to the day after Justin’s death, Davis-Brumley was not the special administratrix of the estate at the time.
Although Davis-Brumley did petition to be appointed as special administratrix of the estate on the same day that she filed the wrongful death action, the probate court did not grant that petition until the following day, Oct. 4, 2022, which was after the filing period elapsed.
Davis-Brumley then filed a motion to substitute the estate for Davis-Brumley as the plaintiff in the wrongful death action on Oct. 23, 2022.
“Because Davis-Brumley did not file her wrongful death action as special administratrix or personal representative of the Estate within two years of Justin’s death, her complaint fails to state a claim upon which relief can be granted,” Judge Elizabeth Tavitas wrote.
Judges Paul Mathias and Leanna Weissmann concurred in Connie Davis-Brumley, as Mother of Decedent v. Fair Oaks Farm LLC; Fair Oaks Hospitality LLC and Farmhouse Restaurant LLC, 23A-CT-1610.
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