Repko v. Our Lady of Lourdes Med. Ctr., Inc.

In Repko v. Our Lady of Lourdes Med. Ctr., Inc., the plaintiff’s counsel filed a tort action not knowing that his client — plaintiff — had died nine months earlier. Upon learning of the plaintiff’s passing, and well after the statute of limitations expired, counsel tried to amend the complaint to reflect the deceased’s estate as plaintiff under Rule¬†4:9-3. The Appellate Division held that such an amendment was not allowable. Plaintiff did not have standing¬†because a suit filed in the name of a dead person is a legal nullity.

REPKO