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Lange v. Burd

In personal injury action brought against administrator of estate, summary judgment in favor of defendant affirmed; plaintiffs' belief that decedent was still alive and was a proper party defendant was based on an unreasonable reliance on letters from decedent's insurer, and letters did not prevent defendant from raising statute of limitations defense.

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OPINION

� 1 Appellants, Philip E. Lange, Jr. and Patricia E. Lange, appeal from the order granting summary judgment in favor of Olympia Burd, as the administrator of the estate of Donald E. Burd. The trial court granted summary judgment because appellants’ complaint against appellee was filed beyond the two year statute of limitations. We affirm.

� 2 On June 20, 1996, Phillip Lange and the decedent, Donald Burd, were involved in an automobile accident. The decedent died on December 18, 1996. On June 5, 1998, appellants instituted suit against the decedent, unaware that he had passed away a year and a half earlier. Appellants later filed a new action against Ms. Burd, as administrator of the estate of the decedent. In her answer and new matter, appellee raised a statute of limitations defense. On May 7, 1999, appellee filed a motion for summary judgment arguing that the suit against the estate was barred because it was filed beyond the two year statute of limitations provided in 42 Pa.C.S.A. � 5524. The trial court denied the motion to allow for additional discovery. On April 18, 2000, appellee filed a renewed motion for summary judgment, which the trial court granted on February 21, 2001. This appeal followed.

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