Worthington v. Estate of Davis

This case relates to an automobile accident between plaintiff and Milton Davis, who died more than a year before plaintiff filed suit. Plaintiffs original complaint, filed one day before the two-year limitations period ran, named Davis as defendant. Plaintiffs amended complaint, filed several weeks later, named the personal representative of Davis’s estate and the estate itself as defendants. The trial court granted defendants’ motion to dismiss plaintiffs amended complaint on the ground that it was filed outside the two-year limitations period and did not relate back to the original…