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 when she filed suit that Synatzske had died, whether an estate existed, or who would represent it. The court further held that the estate or its representative could be substituted under the relation-back rule because the pleading arose from the same occurrence, provided notice, caused no prejudice, and was served within the required period. The court reversed and remanded, and vacated the court of appeals' opinion. Justice Danielson, joined by the chief justice and Justice Corbin, dissented, asserting that the original complaint was void and that the statute did not apply because Berryhill knew the alleged wrongdoer.