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No Jurisdiction Exists Over Party Who Died Before Cause of Action Arose
Description Party filed tort liability suit against property owner for incident that occurred after death of would-be defendant. Court held that it could not have jurisdiction over such defendant and dismissed suit.
Topic Court Procedure
Key Words Jurisdiction, Death
C A S E   S U M M A R Y
Facts Defendant Corkin died on 1/6/94. On 1/25/94, plaintiff Noble slipped and fell on ice that had accumulated on property owned by Corkin. Noble sued Corkin for negligence. Service was made to an address on 10/8/96. Counsel for Corkin appeared to request dismissal of the suit.
Decision "Corkin was irrefutably dead and buried when Noble slipped and fell. He neither owned nor controlled the property in question at the time of the fall. Given this consideration, it seems sensible, at first blush, to treat the motion to dismiss as a motion for summary judgment and grant it on the ground that the defendant has firmly established the ultimate alibi. On reflection, however, this would not be an appropriate legal procedure. The underlying problem is that service on a dead man deprives the court of jurisdiction to pronounce any decision on the merits, no matter how sensible that decision may be." No jurisdiction, suit dismissed.
Citation Noble v. Corkin, A.2d (1998 WL 542151, Super. Ct., Conn.)
or
717 A. 2d 301 (Sup. Ct., Conn., 1998)

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