Rankel v. Estate of Armand Gadbois

Opinion

STATE OF MAINE SUPERIOR COURT CIVIL ACTION YORK, ss. OCKET NO. CV-03-171 CARL RANKEL, Plaintiff v. ORDER ESTATE OF ARMAND GADBOIS and STATE FARM V.P. MANAGEMENT CORP., Defendants NOV cope

This complaint, based on an August 1, 1998 motor vehicle accident, will be

dismissed against defendant State Farm as there is no final judgment against its insured

Armand Gadbois, See 24-A M.R.S.A. §2904. Thus a “reach and apply” action is

premature.

The complaint will also be dismissed against the defendant estate as Mr. Gadbois died on June 21, 1999 and a personal representative for his estate was not appointed within 3 years of his death. See 18-A M.R.S.A. §3-108(a). A personal representative is

necessary before an estate can be sued and, as it is now too late to have a personal

vt

representative appointed, it is too late to sue the estate. See In re Estate of Kruzynski, 2000 ME 17, (94-6, 744 A.2d 1054, 1055-6 and i8-A M.RS.A. §3-104. The entry is:

Complaint dismissed as to both defendants.

Dated: October 30, 2003 . (Fic LZ Ak

Paul A. Fritzsche? Justice, Superior Court

Amy B. McGarry, Esq. - PL Roger O'Donnell, III, Esq. - Def. State Farm V.P. Management Corp.