| Author |
Message |
    
Bill Nelson
Unity Member
Post Number:
1631
Registered: 10-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, January 18, 2006 - 10:19 am: |   |
If, during a civil trial, the plaintiff dies, can the trial continue, say, on behalf of plaintiff's heirs?
Please bill your hours to Steve Lodge in California!
Thanks, Mike.
Bill Nelson
RISEN, ISBN 1-93301616-4
Behler Publications
Hiding Places, Den of Deception |
Mike Manno
Hunger Member
Post Number:
84
Registered: 11-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, January 18, 2006 - 06:44 pm: | |
Yes, the case can continue, however if the plaintiff died in the middle of the trial there would probably be a mistrial. But the case could be re-tried with a substituted plaintiff.
The general rule is this: The plaintiff's cause of action is like a property right that will pass to his heirs. So if a person was damaged by a contract breach, the person's estate -- or heirs -- would be able to pursue the matter. Keep in mind though that the heirs make the decision on whether or not to pursue the matter. They could decide to forget it and walk away.
Does this help?
Mike
And, as you have noted, two N's in Manno |
Bill Nelson
Unity Member
Post Number:
1639
Registered: 10-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, January 18, 2006 - 09:29 pm: | |
Thanks, Mike. I'm going to kill him off!
Bill Nelson
RISEN, ISBN 1-93301616-4
Behler Publications
Hiding Places, Den of Deception |
Stephen Lodge
Awareness Member
Post Number:
49
Registered: 06-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, January 18, 2006 - 09:38 pm: | |
Bill,
Hold it, you're under arrest for murder!
Novels by Stephen Lodge:
"Shadows of Eagles"
"Charley Sunday's Texas Outfit!"
"Nickel-Plated Dream"
|
Bill Nelson
Unity Member
Post Number:
1642
Registered: 10-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, January 19, 2006 - 09:27 am: | |
Okay, Mike,
One more question and I'll leave you alone.
Let's assume that during the course of the trial, an offer to settle is made, but the plaintiff refuses, and the trial continues. Then, he dies. Trial over!
Later, a class-action is filed against same defendant. Can the heirs of my dearly departed participate in the class-action?
Last question, honest.
Bill Nelson
RISEN, ISBN 1-93301616-4
Behler Publications
Hiding Places, Den of Deception |
Mike Manno
Hunger Member
Post Number:
86
Registered: 11-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, January 19, 2006 - 01:40 pm: | |
Bill,
The short answer is "no". This is because once the plaintiff has litigated his case he cannot join a class against the same defendant. I'm assuming here that the trial did reach a conclusion on the merits of the case. If the trial ended through a mistrial then there would be no decision on the merits and the heirs can re-try the case or join the class.
The general rule with class actions is that if a plaintiff "opts out" of the class by taking action on his own, he has forfeited anything that the class obtains. The reverse is also true, if you are a member of a class and it loses you can not then file independently.
Mike |
Bill Nelson
Unity Member
Post Number:
1644
Registered: 10-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, January 19, 2006 - 02:11 pm: | |
Once more, thanks...
Bill Nelson
RISEN, ISBN 1-93301616-4
Behler Publications
Hiding Places, Den of Deception |
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