Thanks to an interlocutory appeal by permission, the Pennsylvania Superior Court considered whether the relation back doctrine applies when a plaintiff timely filed an action on behalf of an estate but does not apply to be appointed the personal representative until after the statute of limitations has run.
June 01, 2023 at 01:23 PM
8 minute read
Edwards v. Norfolk Southern Railroad, 291 A.3d 1230, 2023 Pa. Super. LEXIS 109, (Pa. Super. 2023) (Pellegrini, J.), saved a lawyer from almost certain malpractice thanks to the so-called relation back doctrine.
Under the relation back doctrine, the courts in certain situations will validate the acts of a personal representative of an estate that predate their official appointment.
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