Relation-back statute saves claim against man’s estate

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 14, 2018 1:25 PM

Ronald Flores died after Rebecca Hess sued him for the devastating injuries she suffered when a rear porch collapsed in 2004 at an apartment building he owned and managed, along with his wife, Charlotte Kathryn Klink, on West Summerdale Avenue in Chicago. But Hess’ mother, Thelma Mae Walstad — who stepped in as plaintiff when Hess died — didn’t file an amended complaint against the executor of Flores’ estate within the two-year statute of repose provided by Section 18-12(b) of the Probate Act …

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