|
![](/i/fill.gif) |
On 2/20/2012 2:51, Le_Forgeron wrote:
> I'm from an area where the death of one party automatically close all
> the pending trials involving that person, as well as ending all
> contracts (excepted the explicit death-related ones which changes phases).
The same is true in the USA. But this is a new lawsuit against the estate of
the deceased, and it's a tort, so it's neither a pending trial nor a contract.
> As long as it remains alive, no difference from a ball or a body part.
> As soon as he's dead, no difference either here: you cannot sue a dead
> person.
She's not suing a dead person. She's suing the estate, which means she's
asking the judge to sign a check on behalf of the dead person.
Say someone owns a house, and dies, and leaves it to you in their will. How
do you take ownership? Answer: You go to the judge and get him to sign a
deed on the dead person's behalf transferring the house into your ownership.
Same thing here: She's asking the judge to tell the kid's insurance company
or bank to sign a check on behalf of the kid to pay for her injuries.
--
Darren New, San Diego CA, USA (PST)
People tell me I am the counter-example.
Post a reply to this message
|
![](/i/fill.gif) |