Farmers Insurance Gr. v. District Court of SEC. JD

In this original proceeding, we issued a rule to show cause why a motion to dismiss a deceased defendant as a party in a tort claim action was not granted, and why the respondent court, on the other hand, granted the plaintiffs’ motion to substitute the deceased defendant’s administratrix as a party defendant. The motion to dismiss as to the deceased defendant was grounded on the plaintiffs’ failure to move for substitution of parties within 90 days of the service of notification of death upon the plaintiffs’ attorneys. C.R.C.P. 25(a)(1) requires that: “If the motion for substitution is not…