Isaac v. Mount Sinai Hospital

The dispositive issue in this case is whether the administratrix of a decedent’s estate can bring a new action for wrongful death under our accidental failure of suit statute, General Statutes § 52-592,1 where *723the original wrongful death action was dismissed for lack of subject matter jurisdiction because, at the time such original action was commenced, the individual bringing suit had not been appointed administratrix of the estate by the probate court. We conclude that § 52-592 authorizes such a second suit and that the trial court erred in dismissing it.

The factual and procedural…