Rose v. Fritz

The defendants appeal an order setting aside a written summary judgment of dismissal without prejudice. We reverse the order and reinstate the judgment.

From September 25, 1995 to October 4, 1995, Patricia *118Rose received medical care from Anthony Fritz, M.D., and Helmuth F. Fritz, M.D. On October 6, 1995, she died. She is survived by her husband, Arne Rose.

On August 8, 1996, Rose sued the doctors for negligence. He alleged that he was “the personal representative of the Estate of Patricia Rose.”1 In fact, however, he had never submitted his wife’s will for probate or had himself appointed as…