Jablonski v. Rothe

Plaintiffs, Mary Jablonski and Richard Jablonski, appeal the circuit court’s order dismissing count II of their amended complaint against defendant, James Rothe. Plaintiffs contend that the court erred in holding that their amended complaint, naming plaintiffs as administrators of the decedent’s estate, did not relate back to the filing of the original complaint. We reverse and remand.

Plaintiffs’ complaint alleges that on August 26, 1993, Mary Jablonski was pregnant with a viable fetus, when defendant’s car struck hers from behind. The complaint further alleged that, as a direct and proximate…