Case Note for this Month: Wrongful Death Statute of Limitations when Criminal Defendant. When does it start?
The Estate of Christina Wittich, Etc. v. Michael Joseph Flick
2015-SC-000114-DG June 15, 2017
Opinion of the Court by Chief Justice Minton. All sitting; all concur. The Court affirmed the Court of Appeals and held that the statute of limitations for a wrongful death claim against a criminal defendant begins to run no later than the date of public indictment. Generally, a wrongful-death claim commences upon the appointment of a personal representative or no longer than two-years from the date of death. The present case resolved a question which had split two Court of Appeals panels, namely, does the statute of limitations toll until the conviction of the defendant. In a 7-0 decision, the Court held that the statute of limitations for a wrongful death claim begins to run no later than the date of public indictment.
Here are the published decisions this month:
