Lustik v. Rankila

Shortly after the accident and while Mary Jane Lustik was still hospitalized therefrom, the action for death by wrongful act under Minn. St. 573.021 was commenced against her. Attorneys representing her automobile liability insurer took over the defense of this action and remained in complete charge of it throughout. No counterclaim on her behalf could be interposed therein because plaintiff-*525trustee there did not appear as personal representative of the estate of Ruth Rankila under § 573.01.2

Upon her release from the hospital, the present action for injuries sustained in the accident was…