Thorson v. Connelly

MICHAEL A. WOLFF, Judge.

The Issue

Eleanore Thorson, grandmother of the late Heather Thorson, filed a wrongful death suit — four days before the statute of limitations expired — on behalf of herself and the other survivors of Heather, purporting to act as plaintiff ad litem under the wrongful death statute. The grandmother, however, did not seek a court appointment as plaintiff ad litem until after the statute of limitations had expired. The issue: Will an appointment of the grandmother as plaintiff ad litem relate back to the date of the filing of the case, or is this action barred by the…