Roger Alvarado, M.d. v. the Estate of Madeline Kidd, by and Through Its Personal Representative James O. Kidd, Sr…

Summary

The court held that a wrongful-death action filed before the plaintiff’s appointment as personal representative is generally barred when the appointment occurs after the two-year period expires. Relation back is available only where the probate court’s inadvertence or dereliction caused the delayed appointment, and that exception did not apply because the probate court acted within 16 days and the record did not show that James alerted it to the approaching deadline. The court therefore reversed the denial of summary judgment and remanded. Justice Bolin concurred specially regarding strict enforcement of the wrongful-death statute, while Justices Murdock, Moore, Bryan, and Wise dissented and would have allowed relation back.