Plaintiff Dies Before Suit Filed, SOL Looming
How do I preserve a claim where the Plaintiff passed away, just 30 days before statute of limitations runs. No personal representative has been appointed.
Answer: You can keep the statute from running while you sort all that out by filing suit, even though no personal rep has been appointed. The court will let you amend to change the name after a personal rep is appointed. See: Roth v. Mercy Health Center, Inc., 2011 OK 2, 246 P.3d 1079: Abuse of discretion where trial court refused leave to amend to substitute personal rep for daughter as plaintiff. Suit was originally filed naming daughter as personal rep although she was not actually appointed until later (citing Weeks v. Cessna Aircraft Co.,1994 OK CIV APP 171, 895 P.2d 731).
Posted on Mon, July 21, 2014
by Travis Law Office