Cavoulas v. Singh

81 Pa. D. & C.4th 250
CourtPennsylvania Court of Common Pleas, Beaver County
DecidedNovember 15, 2005
DocketG.D. no. 10315 of 2002
StatusPublished
Cited by1 cases

This text of 81 Pa. D. & C.4th 250 (Cavoulas v. Singh) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Beaver County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cavoulas v. Singh, 81 Pa. D. & C.4th 250 (Pa. Super. Ct. 2005).

Opinion

KUNSELMAN, P.J.,

Before the court are preliminary objections filed on behalf of [252]*252defendants Amar J. Singh M.D. and UPMC Beaver Valley.1 For the following reasons, defendants’ preliminary objections will be sustained in part and overruled in part.

The factual and procedural history of this case is as follows. On February 20, 2002, plaintiff, Harry M. Cavoulas, filed a praecipe for a writ of summons against defendants. The writ was captioned as “Harry M. Cavoulas, executor of the estate of Helen Mae Cavoulas, deceased, plaintiff, v. Amar J. Singh M.D., and Aliquippa Community Hospital, defendants.” Plaintiff later filed a complaint with the same caption. In this complaint, plaintiff alleged that plaintiff’s decedent, his wife, Helen Mae Cavoulas, died on March 2,2000 due to defendants’ alleged negligence. Specifically, plaintiff avers in the complaint that his wife underwent heart catheterization surgery performed by Dr. Singh at Aliquippa Community Hospital on February 28, 2000. Plaintiff also avers that plaintiff’s decedent complained of being in pain during the post-procedure period; she was released later that day. Plaintiff further sets forth in his complaint that on March 1,2000, plaintiff’s decedent was taken to the operating room, where he alleges that it was discovered that plaintiff’s decedent had necrosis and infarction of the small bowel. Plaintiff avers that his wife passed away early the next morning. In his complaint, plaintiff sets forth one count of negligence against each defendant, [253]*253asserting causes of action for wrongful death and survival.2

Defendants filed preliminary objections, alleging lack of capacity to sue and failure of pleading to conform to law. Specifically, defendants contend that a will has never been probated and an estate has never been opened for plaintiff’s decedent. In support of their contention, defendants attach as exhibit C a letter dated August 26, 2005 from the Beaver County Register of Wills stating that as of that date there was neither an estate nor a death registered for plaintiff’s decedent in the Beaver County Register of Wills’ office. In sum, defendants argue that because plaintiff is the surviving spouse of plaintiff’s decedent, but is not a person that the law recognizes as being a personal representative of the decedent, plaintiff is not a person that the law recognizes as competent to maintain an action. Therefore, defendants assert that the action must be dismissed.

In response, plaintiff argues that the court should apply the doctrine of relation back to validate the complaint. Plaintiff admits that the will of plaintiff’s decedent has not been probated. However, plaintiff attaches a copy of plaintiff’s decedent’s will to his brief in opposition to defendants’ preliminary objections. The will sets forth that plaintiff is nominated and appointed to be the executor of the will.

In sum, plaintiff argues that in this case defendants were placed on notice prior to the running of the statute of limitations that an action had been filed against them [254]*254by an individual who was named executor of plaintiff’s decedent’s estate. Thus, plaintiff argues that the doctrine of relation back should operate to ratify post-appointment the commencement of an action by a personal representative of an estate. As such, plaintiff asserts that defendants’ preliminary objections should be overruled and plaintiff should be directed to open his wife’s estate.

In support of his argument, plaintiff cites Wilkes-Barre General Hospital v. Lesho, 62 Pa. Commw. 222, 435 A.2d 1340 (1981) and Prevish v. Northwest Medical Center, 692 A.2d 192 (Pa. Super. 1997) for the proposition that a court may validate the filing of a complaint in certain situations where the executor of an estate is appointed after the limitations period has expired. In Lesho, the Commonwealth Court held that the Administrator of the Arbitration Panels for Health Care had correctly determined that the principles of relation back applied to the facts of that wrongful death and survival case. 62 Pa. Commw. at 225, 435 A.2d at 1342. In that case, Rosemary Lesho died on June 19, 1977. Approximately two months later the decedent’s parents filed a petition in Orphans’ Court to settle their daughter’s estate; the petition was later granted. On June 14, 1978, the Leshos filed a notice complaint with a caption naming them as “administrators” in the filing office of the Arbitration Panels for Health Care. The Leshos later filed a complaint in the same office on August 14, 1978 wherein they identified themselves in the caption and the body as the administrators of the estate of Rosemary Lesho. After preliminary objections were filed, an amended complaint was filed with the same caption. The defendants later filed motions for summary judgment, asserting that be[255]*255cause letters of administration had not been applied for nor granted until October 3,1979, the complaint should be dismissed as being untimely as it was not filed within time period allotted in accordance with the statute of limitations. The administrator determined that the doctrine of relation back applied and thus denied the motions for summary judgment.

On appeal, the Commonwealth Court defined the doctrine of relation back as follows: “[sjimply stated, the doctrine of relation back as applied to cases where an estate is a party means that the courts under certain circumstances will validate the acts of the personal representative of the estate which preceded the date of his official appointment.” 62 Pa. Commw. at 225, 435 A.2d at 1342. The Commonwealth Court further noted that the doctrine has remained viable over time. Id. In analyzing the facts of the case before it, the court reviewed several older cases in which the relation back doctrine was applied. For instance, the court noted that in McGuire v. Erie Lackawanna Railway Co., 253 Pa. Super. 531, 385 A.2d 466 (1978), the issue was the same as in the case before it: “should the action be barred by the statute of limitations because the plaintiff had not been granted letters of administration until after the statute had run?” Id. at 226, 435 A.2d at 1342. The Commonwealth Court noted that the Superior Court in McGuire determined “that notwithstanding the fact that letters had not been granted to the plaintiff until after the statute of limitations had run, all of the objectives of the statute of limitations had been met within the statutory period.” Id. Moreover, the Lesho court noted that the reasoning in McGuire was followed in D ’Orazio v. Locust Lake Village Inc., 267 [256]*256Pa. Super. 124, 406 A.2d 550 (1979) (holding that where the plaintiff had filed a petition for letters of administration and filed suit in a timely manner but had failed to execute the required bond, the doctrine of relation back applied even though the plaintiff was not appointed administratix of the estate until after the expiration of the two-year statute of limitations. D ’Orazio, 267 Pa. Super, at 128-29, 406 A.2d at 552.) Id.

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Bluebook (online)
81 Pa. D. & C.4th 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cavoulas-v-singh-pactcomplbeaver-2005.