Trimble v. Engelking, 22581

• Court: United States State Supreme Court of Idaho
• Writing for the Court: TROUT
• Citation: 130 Idaho 300,939 P.2d 1379
• Parties: Dewey TRIMBLE, Plaintiff-Appellant, v. Rex ENGELKING, Defendant-Respondent. Boise, February 1997 Term
• Docket Number: No. 22581,22581
• Decision Date: 05 June 1997

Page 1379

939 P.2d 1379 130 Idaho 300 Dewey TRIMBLE, Plaintiff-Appellant,
v.
Rex ENGELKING, Defendant-Respondent. No. 22581. Supreme Court of Idaho, Boise, February 1997 Term.
June 5, 1997.

Holland & Hart, Boise, for plaintiff-appellant. Steven B. Andersen argued.

Quane, Smith, Howard & Hull, Boise, for defendant-respondent. John P. Howard argued.

TROUT, Chief Justice.

This appeal arises from the dismissal of a personal injury action brought by Dewey Trimble against Rex Engelking for injuries sustained in an automobile accident.

I.

BACKGROUND AND PROCEDURAL HISTORY

On August 15, 1992, Trimble was seriously injured when a car driven by Engelking made a left turn and struck Trimble's truck. Engelking suffered serious injuries as well. Trimble's counsel contacted Engelking's insurer, Horace Mann Insurance Company (Horace Mann), to discuss Trimble's injuries. While these discussions were ongoing, Trimble learned that Engelking died in May 1993. On August 10, 1994, Trimble filed a complaint naming only Engelking (not Engelking's estate) as defendant. The complaint expressly acknowledged that Engelking was deceased but explained that the action was

Page 1380

brought pursuant to I.C. § 15-3-803(d) for the sole purpose of establishing the decedent's liability under the Horace Mann insurance policy. A copy of the complaint was given to Horace Mann. The record does not indicate upon whom the complaint was served.

The attorneys for the decedent Engelking filed an answer on November 15, 1994. On November 17, 1994, Engelking's estate, represented by the same counsel, filed a motion for judgment on the pleadings on the ground that a suit against a decedent is a nullity. On December 20, 1994, Trimble filed a motion to amend his complaint, seeking to add Engelking's estate and Val Dille, the estate's special administrator, as defendants (hereinafter referred to collectively as "the Estate"). The court granted the motion for judgment on the pleadings on the basis that the original complaint did not state a cause of action against an entity capable of being sued and thus "the original action in this case was a nullity." Because the original complaint was a nullity, the proposed amended complaint would have nothing to which it could relate back. Alternatively, the court found that even if the original complaint were valid, the requirements for amendment under I.R.C.P. 15(c) were not met so, again, the proposed amended complaint could not relate back to the date of the original filing and would therefore be time-barred. The court then dismissed Trimble's complaint with prejudice.

Trimble appeals, arguing first that the complaint was properly brought directly against Engelking pursuant to I.C. § 15-3-803. He also contends that the district court erred in adopting the nullity theory and in denying his motion to amend the complaint under I.R.C.P. 15(c).

II.

I.C. § 15-3-803

Trimble first argues that the action against decedent Engelking was properly brought under I.C. § 15-3-803(d)(2) of the probate code. This section is entitled "Limitations on presentation of claims." Subsection (d) provides:

Nothing in this section affects or prevents:

* * * * * *

(2) to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance; ...

Admittedly, Trimble's purpose in bringing suit against Engelking was to establish decedent's liability under the Horace Mann insurance policy. His complaint states: "Defendant Rex Engelking is no longer living. This claim is brought pursuant to I.C. § 15-3-803(d) to establish liability of a decedent for a matter which is covered by liability insurance. The insurance carrier is Horace Mann Insurance Co."

Trimble's contention, however, that this statute authorizes or creates a cause of action directly against a decedent goes against a plain reading of both this section and the surrounding portion of the Idaho Code. The portion of the probate code in which this section is found addresses creditor's claims against the estates of decedents. Section 15-3-801 requires that the personal representative give proper notice to the estate's creditors, and § 15-3-802 deals with statutes of...