Shaira Mattingly v. American Family Insurance, Kathleen Plasch

Citations

• 6 N.W.3d 787

Syllabus

A plaintiff asserting a personal-injury claim based on the allegedly tortious conduct of a deceased person must sue the personal representative of the deceased person's estate, as authorized by Minnesota Statutes section 573.01 (Supp. 2023). A plaintiff does not properly commence such a personal-injury action by suing a person appointed trustee to pursue a wrongful-death claim for the benefit of the deceased person's surviving spouse and next of kin pursuant to Minnesota Statutes section 573.02, subdivision 3 (2022).