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Damien Bosco
Damien Bosco, Attorney
Category: Business Law
Satisfied Customers: 2706
Experience:  Helping you with your legal questions.
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My sister was engaged to a man who did not disclose his aml,leukemia,

Customer Question

My sister was engaged to a man who did not disclose his aml,leukemia, until after she accepted..they then went to the mayo clinic where he received treatment and she got more progressively I'll as she care for him in hospital room and then at her home for over 5 months...he gave her 2 checks labeled engagement gift and life saving..then once better..filed a complaint..withholding all mention of illness..for return of the gift and noting there is no remedy at law in the complaint. She responded without affirmative defenses and counterclaims of damages to her health..the court ordered mediation which was inconclusive..the case was about to be dismissed for lack of prosecution,not litigated for a year when he was in good health..he died and now his executor has Managed, without informing her of any hearing, to have himself substituted for the dead fiance. What to do..I thought to write a motion to amend the answer with a counterclaim for damages as she is very ill from this..a chronic condition has become acute..to say nothing of her Emotional damages..the money went to pay for some of their living expense...is there another thought as to how to proceed
Submitted: 2 years ago.
Category: Business Law
Customer: replied 2 years ago.
Are u working on the case
Expert:  Damien Bosco replied 2 years ago.
If you cannot dismiss it for lack of prosecution, and you should still try unless the could denied it, then you are right to attempt to amend the answer by adding affirmative defenses and attempting counterclaims. We can discuss more if you want.