Greg Prusak, of the Orlando office, successfully argued a Motion to Dismiss a catastrophic injury case. The Plaintiff suffered significant injuries during the underlying premises liability accident, which lead to post-traumatic stress and his internment in a mental health facility. On the eve of his deposition, the Plaintiff died. In response, Plaintiff’s counsel (from Buffalo, NY) indicated that they were going to substitute in the Plaintiff’s surviving three-year-old daughter and amend Plaintiff’s Complaint to assert a claim for wrongful death arising from the original accident.

However, Plaintiff’s counsel never filed a Suggestion of Death as required by Fla. R. Civ. P. 1.260. After the issue was researched thoroughly with the assistance of Greg’s paralegal, Vicki Huff, the Defendants took a chance and filed their own Suggestion of Death back in June 2013. Rule 1.260 expressly states that the Motion to Substitute Party must be filed within 90 days after the Suggestion of Death or the action shall be dismissed. The 90-day period lapsed without out-of-state counsel moving for substitution of parties. On the 97th day, the Defendants filed their Motion to Dismiss with Prejudice, which the trial court granted.