Francke v. Gable

Plaintiff appeals the judgment dismissing his wrongful death action. We reverse.

Plaintiff is the brother of James Michael Francke, who was murdered in January, 1989. In January, 1992, on the day the statute of limitations expired, plaintiff filed this wrongful death action against defendant Gable, 1 who has been convicted of the murder, seeking to recover damages suffered by the decedent’s surviving wife and children. In April, 1992, the trial court entered an order to show cause why the complaint should not be dismissed. At the show cause hearing, the court told plaintiff that there were two…