Mary Berryhill, Appellant v. Frances Synatzske, Deceased, Bryan Huffman, as Special Administrat — Danielson, J…

Summary

Justice Danielson's dissent would affirm summary judgment for the estate, concluding that the complaint naming a deceased defendant was void from inception and could not be amended or related back. The dissent also concludes that the statute of limitations was not tolled because the alleged tortfeasor was known, so the John Doe provision did not apply.