Pham v. Wagner Litho MacHinery Co.

Opinion

TROTTER, P. J.

Appellant is the administrator of a probate estate involving the assets of a deceased personal injury plaintiff, He contends on appeal the period of time between plaintiff’s death and his substitution as plaintiff in her place is not to be included in calculating the five-year period during which the action must be brought to trial. We agree and reverse.

Hoa Minh Pham’s right hand was crushed between two rollers of a machine she had been operating at work. She filed the underlying personal injury action on January 9, 1978, and the named defendants answered that year.…