Can Dead Bryan Kocis Sue Harlow Cuadra

April 5, 2008 in Freak Show Trial by Freak-Show-Trial

<center> IPB Image<br>I can sue any damn body I want to sue<br>I’m Bryan FUCKING Kocis, Goddamn it!</center>
Does Bryan Kocis’ Estate have legal standing to pursue a wrongful death suit against Harlow Cuadra and Joseph Kerekes under PA’s wrongful death law?

Are there any assets in Bryan Kocis’ Estate in case Cuadra and Kerekes elect to counter-sue The Estate?

As I read the case law on Pennsylvania’s Wrongful Death Law, only Bryan Kocis’ Parents have legal standing to pursue a wrongful death lawsuit against Harlow Cuadra and Joseph Kerekes and then only if they were dependent on Bryan Kocis for their care and financial support.

Bryan Kocis’ Estate had six months from January 24, 2007 to file a wrongful death suit against Harlow Cuadra and Joseph Kerekes. The wrongful death suit filed against Cuadra and Kerekes was not filed until January 2008.

It is not at all clear WHAT sued Cuadra and Kerekes, whether it was Bryan Kocis Estate or Bryan Kocis’ parents. The Report I remember is that Michael Kocis filed the suit in his capacity as Administrator of Bryan Kocis’ Estate. I have not seen any proof that the suit was in fact served on immune Cuadra and Kerekes. JUST BETWEEN YOU AND ME, I get the feeling that THAT WRONGFUL DEATH SUIT was just so much bullshit, that Bryan Kocis Parents won’t get a fucking dime because they did NOT sustain any monetary lost as a result of Bryan Kocis’ death

If Bryan Kocis had A Living Trust while he was alive (or some similar type of asset protection vehicle) it could be important to determine What exactly Bryan Kocis’ Estate is in order to determine if Bryan Kocis Estate (or, WHICH Bryan Kocis’ Estate) has legal standing to pursue a wrongful death suit against Cuadra and Kerekes.

Under Pennsylvania law, if the estate does not bring a timely action within six months of death against the wrongdoer under the Pennsylvania Wrongful Death and Survival statutes, the beneficiaries have a right to file a lawsuit on behalf of the estate. Pa.R.C.P. 2202( B ). Findlaw

I’m fairly sure that Bryan Kocis’ Estate is a separate legal entity from Bryan Kocis’ Parents.

Information concerning the survivors or beneficiaries is the most important evidence to be gathered during the initial interview. The status of the beneficiary alone has tremendous legal consequences, but also affects the attorney’s ability to represent the claims made on behalf of the estate. Under the Pennsylvania Wrongful Death statute, only those individuals who were dependent on the deceased for care and support are entitled to recover damages. Although a spouse is at all times considered being dependent beneficiary under this law, emancipated children, who derive no support from the parent, would not be considered survivors entitled to damages under the law. Therefore, the attorney must obtain all information about those relatives or dependents who relied upon the support and maintenance of the deceased victim during his or her lifetime. Findlaw

While a Dead Person’s Estate can be a legal entity that can do anything a living person can do, a dead person’s estate generally only comes into legal existence with the person’s death.

Was the wrongful death suit filed in the name of BRYAN KOCIS’ ESTATE to protect Bryan Kocis’ parents from a counter-suit from Cuadra and Kerekes AND from sanctions for their serving process on immune extradited parties.?

What exactly is this entity that is being referred to as Bryan Kocis’ Estate?

Is It Déjà vu all over Again

The last time Bryan Kocis sued someone, he used The Delaware Cobra Video LLC to sue Sean Lockhart et. al. in federal court in San Diego.

It is not clear that The Delaware Cobra Video LLC has any assets since a PA Cobra Video LLC existed long before The Delaware Cobra Video LLC was formed..

If Lockhart et. al. had counter-sued Kocis and won a money judgment against The Delaware Cobra Video LLC, Lockhart would probably have never been able to collect any money from The Delaware Cobra Video LLC or from Kocis’ personal assets.

RULE 2202. PARTIES ENTITLED TO BRING ACTION FOR WRONGFUL DEATH.
( a ) Except as otherwise provided in clause ( B ) of this rule, an action for wrongful death shall be brought only by the personal representative of the decedent for the benefit of those persons entitled by law to recover damages for such wrongful death.

( B ) If no action for wrongful death has been brought within six months after the death of the decedent, the action may be brought by the personal representative or by any person entitled by law to recover damages in such action as trustee ad litem on behalf of all persons entitled to share in the damages.

( C ) While an action is pending it shall operate as a bar against the bringing of any other action for such wrongful death. AOL

[attachmentid=2245]