Supreme Court Holds Survivorship Statute Applied to Medical Malpractice Suit

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The Supreme Court held a survivorship statute applied to a negligence and medical malpractice suit brought by Pilar M. Deleon Guerrero against St. Jude’s Renal Care Facility. After Guerrero died in 2023, the Superior Court dismissed her lawsuit because the CNMI did not have a survivorship statute, which would allow an injured person’s lawsuit to continue after their death. Three days after the dismissal, the Legislature enacted a survivorship statute which stated it applied to all cases pending within a year of enactment. The Superior Court held that the case was no longer pending when the statute was enacted and denied the estate’s motion to alter or amend the judgment.

The Supreme Court reversed the dismissal of the claims. It concluded that the case remained pending when the survivorship statute became effective because the Superior Court retained jurisdiction over the matter. The estate filed a motion to alter or amend the judgment within ten days of the entry of the judgment dismissing the claims. Until the expiration of that ten-day period, the matter remained pending before the court. Because the statute expressly applied to all pending cases, the Superior Court should have applied it. The Supreme Court remanded the case for further proceedings consistent with its opinion.

The full opinion can be read on the Law Revision Commission website: https://cnmilaw.gov/docs/lrc-uploads/2026/case-2026-mp-9-u53.pdf

This press release constitutes no part of the decision of the Supreme Court and has been prepared by court staff for the convenience of the public. For further information, contact the Supreme Court at Supreme.Court@NMIJudiciary.gov.

2026-PR-031

FOR IMMEDIATE RELEASE

September 9, 2026