Castro v. Ogburn

*124BUTTLER, S. J.

The issue in this case is whether the trial court erred in dismissing this action with prejudice on the day of trial because plaintiff had not substituted the personal representative of defendant,1 who had died shortly after this action was commenced, within one year after his death, ORCP 34 B(2), even though the personal representative had voluntarily appeared in the action and had invoked the authority of the court during pre-trial discovery and appeared ready for trial on the trial date.

Plaintiff's decedent was killed when she was struck by a car driven by defendant while…