Legal Opinion
Wieczorek v. Volkswagenwerk, A.G.
Court of Appeals for the Sixth Circuit
Decided April 3, 1984No. 82-1675PublishedCited by 18 opinions
1Opinion of the Court
CORNELIA G. KENNEDY, Circuit Judge.
In this diversity wrongful death action grounded in Michigan law, we are faced with the question of whether the plaintiff’s appointment as administrator after the statute of limitations expired relates back to the original filing of the complaint with*310in the statutory period, thus curing the plaintiff’s lack of capacity to sue. We hold that under the controlling Michigan authority the appointment as administrator does relate back.
I
On May 25, 1975, a 1965 Volkswagen Beetle driven by Gary William Wieczorek went out of control, skidded, and rolled over.…
2Cases cited13 opinions
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Fidelity Union Trust Co. v. FieldSupreme Court of the United States · 1941
- Levinson v. DeupreeSupreme Court of the United States · 1953
- Woodruff v. TomlinCourt of Appeals for the Sixth Circuit · 1980
- Matter of HagueMichigan Supreme Court · 1982
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- David K. Pratt and Teri D. Pratt v. Brown MacHine Company, a Division of John Brown, Inc.Court of Appeals for the Sixth Circuit · 1988
- Pamella Montgomery v. Kraft Foods Global, Inc.Court of Appeals for the Sixth Circuit · 2016
- Sarah Melson v. Prime Insurance Syndicate, Inc.Court of Appeals for the Sixth Circuit · 2005
- Estate of Shirley J. Mills, Deceased Howard T. Linden, Personal Representative v. Trizec PropertiesCourt of Appeals for the Sixth Circuit · 1992
- In RE v. Pangori & Sons, Inc.United States Bankruptcy Court, E.D. Michigan · 1985
13 more not listed; retrieve them via the Exa API.