Revival: HARRIS V. JACKSON (SC; 5/18/2006)

CIVIL PROCEDURE:  Revival of cause of action; Estoppel and Waiver in Court Proceedings
DATE:  5/18/2006

In this MVA case, the defendant died during the pendency of the action and the defense counsel waited a year and moved to dismiss for failure to revive the suit.

Defense attorney had duty to disclose client’s death to court and parties and thus the estate was estopped from asserting a statute of limitations defense to motorist’s revival action within one year since it/he had failed to inform plaintiff that that the defendant driver had died.

"[O]ne may not stand by and make no objection to a proceeding in court with the anticipation that if it results favorably the benefits will be accepted, but that if it results unfavorably objections will be made."

by Michael Stevens

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