Virzi v. Grand Trunk Warehouse and Cold Storage Co.

Virzi (plaintiff) died of unrelated causes during pretrial litigation of his personal injury suit against Grand Trunk (defendant); although a probate court appointed a personal representative for his estate, Virzi's own attorney never told the district court of his death or moved to substitute the estate as a party. Continuing negotiations as though Virzi were alive, his attorney reached a $35,000 mediated settlement that the district court approved, though the attorney had actually learned of the death shortly before finalizing the deal; throughout two weeks of negotiations, Grand Trunk's counsel never asked whether Virzi was still alive, and Virzi's attorney never volunteered that he'd died. After learning of the death weeks after the settlement, the district court reviewed its order confirming the mediation award.