I have an auto wreck who later died from causes unrelated to the wreck. Thestatute of limitation is about to run so I need to file suit, but don’t have time to get personal representative appointed. If I name the daughter as next of kin and file suit can I later substitute once the daughter gets appointed?
Answer: Yes.The case is 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 (citingWeeks v. Cessna Aircraft Co.,1994 OK CIV APP 171, 895 P.2d 731)
Mon, July 9, 2012
by Sharon Coleman filed under