Thursday, November 10, 2016

Superior Court Addresses Procedural Issues With Death of a Defendant During Pendency of Litigation

In its recent September 28, 2016 decision in the case of Grimm v. Grimm, No. 2016 Pa. Super. 217, 915 W.D.A. 2015 (Pa. Super. Sept. 28, 2016 Olson, Stabile, and Musmanno, J.J.) (Mem. Op. by Olson, J.), Pennsylvania Superior Court addressed the issue of whether a trial court possesses subject matter jurisdiction of a claim pending against a Defendant when the Defendant in an action dies during the litigation and no personal representative is substituted in his or her place. 

The court held that the death of a party deprived the trial court of subject matter jurisdiction over litigation by or against the deceased until such time as the deceased’s personal representative is substituted in his or her place.  

I send thanks to Attorney James M. Beck of the Philadelphia law office of the Reed Smith law firm for bringing this case to my attention. 

Anyone wishing to review this decision may click this LINK.

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