Class Cousel Argues: Dead Plantiff Should Answer Questions
July 24th, 2006 by Megan Mahan
I came across this little story by way of the Insurance Coverage Law Blog today, detailing the events of a class-action lawsuit against American Family Insurance Company. The named plantiff, Manuel Hernandez, died in 2004…but counsel continued to try the case as if he were alive–effectively keeping the plantiff’s death a secret.
An Arizona attorney happened upon the truth in March and filed a suggestion of death on behalf of American Family, complete with a copy of Hernandez’s death certificate. Consequently, AmFam wanted to know how long the client had been dead. However, counsel has referred all questions to the [dead] client.
Here’s an excerpt from the Madison-St.Clair Record:
Millar [Hernandez attorney] has confirmed the death of his client, but he has not answered questions that American Family Insurance submitted about his knowledge of it.
Millar objected to the questions, arguing to [Circut Judge] Stack that American Family Insurance should submit them not to Hernandez’s attorney but to Hernandez himself.
Yeah. I’ll definitely be filing today’s entry under “Peculiar Postings.”
