Van Slooten v. Estate of Schneider-Janzen

OPINION

SHUMAKER, Judge

Respondent attempted to commence a personal injury action against the driver-owner of an automobile but learned that she had died. Respondent amended her pleadings to name as defendants the decedent’s estate and decedent’s husband, as personal representative. No personal representative was ever appointed. Appellants moved to dismiss the action for insufficiency of service of process. The district court ruled that decedent’s husband had actual notice of the claim and that the action, although improperly commenced, could be maintained against decedent’s estate. Because…