Does Substitution of Deceased Plaintiff's Estate as Party Relate Back to Original Filing Date of Lawsuit?
When Plaintiff Died Before Suit Filed But Was Mistakenly Named in Complaint
Marian C. Whitley and Patricia A. Mazzella, Individually and as Co-Administrators for the Estate of Ethel V. Christian v. River's Bend Health Care et al., Case no. 2009-1484
4th District Court of Appeals (Lawrence County)
ISSUE: When the complaint in a civil lawsuit alleging neglect of a nursing home patient was filed within the one-year time limit for filing such actions, but after the death of the injured patient, and the original complaint mistakenly named the deceased patient and her guardian as plaintiffs rather than the deceased patient's estate, did the trial court's subsequent approval of an amendment to the original complaint substituting the estate as plaintiff "relate back" to the filing date of the original complaint and thus preserve the timeliness of the neglect action?