Samantha Elaine Tsuji v. H. Bart Fleet

Summary

The court held that the two-year statute of repose extinguished the petitioners’ negligence claims against the decedent’s estate because they were filed more than two years after his death, even though recovery was limited to casualty-insurance proceeds. Because the decedent’s liability was extinguished, the employer was also exonerated from vicarious liability based solely on the decedent’s negligence. The court approved the lower appellate decision and disapproved the conflicting interpretation.