Sugarman v. Galbut

The personal representative of the estate of Mort Levin appeals an order of the probate court dismissing with prejudice an amended petition for surcharge which sought noneconomic damages for the wrongful death and negligent care of the decedent by his former guardian, appellee Abraham Galbut. In dismissing the petition with prejudice, the court found: (1) as a matter of law that the allegations could not state a cause of action for surcharge and (2) that this same action was first filed and is currently pending in the general jurisdiction division of the circuit court in a personal injury…