Mary Berryhill, Appellant v. Frances Synatzske, Deceased, Bryan Huffman, as Special Administrator of the Estate Of…

Summary

The court held that the unknown-tortfeasor statute tolled the statute of limitations because Berryhill did not know that Synatzske had died, whether an estate existed, or who represented it when she filed suit. The court further held that the amended complaint naming the estate related back because the claim arose from the same occurrence, the estate received timely notice without prejudice, the mistake concerning the proper party was understood, and service was timely. The summary judgment was reversed and remanded, and the court of appeals' opinion was vacated. Justice Danielson, dissenting, would have affirmed because the original complaint was void and Berryhill knew the alleged wrongdoer, Synatzske.