Leighton v. Bennett

[¶1.] Julie Leighton commenced a personal injury action against Herbert Bennett for injuries she claims to have sustained in a car accident. Bennett died during the pendency of the action, and his defense counsel served notice of his death on Leighton. After Leighton failed to move to substitute Bennett's estate or personal representative, Bennett's counsel moved to dismiss the case. Leighton then moved for substitution, arguing the period for seeking substitution had not yet commenced because Bennett's counsel had not served Bennett's estate or *467 personal representative. The circuit court…