Pretending client still alive no way to proceed in appellate process

Torts

By Colin H. Dunn

Colin H. Dunn heads a Chicago law firm bearing his name. In addition to aviation, trucking, premises liability and other personal-injury litigation, Dunn focuses on commercial litigation at both the trial and appellate levels. He can be reached at chd@colindunnlaw.com.

Posted April 24, 2018 11:43 AM

The 1st District Appellate Court recently reminded us that when your client dies while the lawsuit is pending, you have several options, but the one thing you can’t do is nothing.In Castaneda v. Ingram, 2018 IL App (1st) 170065, the decedent’s son, who had been appointed as the special administrator of his father’s estate, filed suit against the defendants, seeking relief under the Wrongful Death and Survival Acts.The defendants admitted liability and agreed to try the case on damages only. A probate …

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