Destasio v. A-C Products Liability Trust

311 F.R.D. 152, 2016 A.M.C. 219, 93 Fed. R. Serv. 3d 193, 2015 U.S. Dist. LEXIS 151462
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 9, 2015
DocketConsolidated Under MDL DOCKET NO. 875; E.D. Pa. Case Nos. 11-cv-31250, 11-cv-33911, 11-cv-33924
StatusPublished
Cited by10 cases

This text of 311 F.R.D. 152 (Destasio v. A-C Products Liability Trust) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Destasio v. A-C Products Liability Trust, 311 F.R.D. 152, 2016 A.M.C. 219, 93 Fed. R. Serv. 3d 193, 2015 U.S. Dist. LEXIS 151462 (E.D. Pa. 2015).

Opinion

[153]*153MEMORANDUM

EDUARDO C. ROBRENO, DISTRICT JUDGE

Presently before the Court are three “Motion[s] For Summary Judgment of Shipowner Defendants Represented by Thompson Hine LLP (Suit Commenced By Deceased Person Is a Nullity)” (11-cv-31250 ECF. No. 99; 11-cv-33911 ECF. No. 38; and 11-cv-33924 ECF. No. 37). In these motions, the Defendants contend that the three cases captioned above should be dismissed as nullities ab initio because they were filed solely in the names of deceased plaintiffs. For the reasons set forth below, the Court will grant the motions for summary judgment and dismiss the cases.

I. PACTS

Each of the three cases was transferred from the United States District Court for the Northern District of Ohio to the United States District Court for the Eastern District of Pennsylvania, where they became part of the MDL-875 MARDOC docket. As stated, each of the cases involves the same factual peculiarity which allows the motions to be ruled upon as a group: the Plaintiffs were deceased when the cases were filed on their behalf. Later, counsel filed amended complaints, substituting personal representatives for the deceased Plaintiffs. Specifically:

1. Destasio died on August 4, 1999 in Toms River, New Jersey and a complaint was filed on his behalf in Detroit, Michigan on December 14, 1999. On September 20, 2002, an amended complaint was filed, substituting lawyers as the named plaintiffs and administrators of Destasio’s estate.

2. Schindler died on April 20, 1988 in North Carolina and a complaint was filed on his behalf in Detroit, Michigan on May 2, 1988. On October 2, 1990, an amended complaint was filed, substituting a lawyer as the named plaintiff and administrator of Schindler’s estate.

3. Dilbert died on May 6, 1988 in New York and a complaint was filed on his behalf on May 7,1988. On February 2,1989, an amended complaint was filed, substituting a lawyer as the named plaintiff and administrator of Dilbert’s estate.

The complaints contend that the deceased were exposed to asbestos while working aboard various ships and that they developed asbestos-related diseases from the exposure. As a result, the Plaintiffs asserted claims against the Defendants for unseaworthiness under general maritime law and negligence under the Jones Act.

II. Legal Standard

Due to the allegations that the deceased were exposed to asbestos aboard various ships, both the locality and connection tests are met and maritime law applies to the substantive and procedural issues raised in these cases. See Conner v. Alfa Laval, Inc., 799 F.Supp.2d 455 (E.D.Pa.2011).

Summary judgment is appropriate if there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). “A motion for summary judgment will not be [154]*154defeated by ‘the mere existence’ of some disputed facts, but will be denied when there is a genuine issue of material fact.” Am. Eagle Outfitters v. Lyle & Scott Ltd., 584 F.3d 575, 581 (3d Cir.2009) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). A fact is “material” if proof of its existence or non-existence might affect the outcome of the litigation, and a dispute is “genuine” if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson, 477 U.S. at 248, 106 S.Ct. 2505.

In undertaking this analysis, the court views the facts in the light most favorable to the non-moving party, “After making all reasonable inferences in the nonmoving party’s favor, there is a genuine issue of material fact if a reasonable jury could find for the nonmoving party.” Pignataro v. Port Auth. of N.Y. & N.J., 593 F.3d 265, 268 (3d Cir.2010) (citing Reliance Ins. Co. v. Moessner, 121 F.3d 895, 900 (3d Cir.1997)). While the moving party bears the initial burden of showing the absence of a genuine issue of material fact, meeting this obligation shifts the burden to the non-moving party who must “set forth specific facts showing that there is a genuine issue for trial.” Anderson, 477 U.S. at 250, 106 S.Ct. 2505.

III. Discussion

As mentioned, in each of these cases the only plaintiffs named in the original complaints died before the complaints were filed on their behalf. The Defendants contend that because a deceased individual has no legal existence, a suit brought in his name is a nullity. See Adelsberger v. United States, 58 Fed.Cl. 616, 618 (2003) (providing that because “a party must have a legal existence as a prerequisite to having the capacity to sue or be sued” and a “person who dies prior to filing suit is not a legal entity,” an action filed solely on behalf of the deceased “is a nullity”).

Moreover, the Defendants assert that because such an action is null ab initio and does not exist in the eyes of the court, the complaint may not be amended. See In re Engle Cases, No. 3:09-CV-10000-J-32, 2013 WL 8115442, at *4 (M.D.Fla. Jan. 22, 2013) aff'd. 767 F.3d 1082 (11th Cir.2014) (pi-oviding that “a personal injury suit cannot be commenced by a dead person and thus, these claims are nullities that must be dismissed. As such, no substitution or amendment can save these claims”); Banakus v. United Aircraft Corp., 290 F.Supp. 259, 260 (S.D.N.Y.1968) (providing that because an action brought by a deceased individual is “void at its inception, there were no claims capable of amendment”).

On the other hand, the Plaintiffs assert that pursuant to Federal Rule of Civil Procedure 17(a)(3), “the court may not dismiss an action for failure to prosecute in the name of the real party in interest until, after an objection, a reasonable time has been allowed for the real party in interest to ratify, join, or be substituted into the action.” Fed. R. Civ. P. 17(a)(3). In these three cases, the Plaintiffs contend that since the original complaints have been amended and personal representatives substituted as the plaintiffs and real parties in interest, the cases may not now be dismissed. See Esposito v. United States, 368 F.3d 1271, 1277-78 (10th Cir. 2004) (holding that despite a deceased plaintiffs lack of capacity, a wrongful death complaint brought in his name could be amended and a personal representative substituted as plaintiff under Rule 17); Hatcher v. Labrum, No. CIV. A 85—4924, 1986 WL 6862, at *2 (E.D.Pa. June 18, 1986) (relying on Rule 17 to allow an administrator to be substituted for the plaintiff who died nine months before the complaint was filed).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
311 F.R.D. 152, 2016 A.M.C. 219, 93 Fed. R. Serv. 3d 193, 2015 U.S. Dist. LEXIS 151462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/destasio-v-a-c-products-liability-trust-paed-2015.