Henderson v. Briarcliff Nursing Home

This is an appeal from an order granting a motion to dismiss based upon non-compliance with Rule 25 (a)(1), A.R.Civ.P. We affirm.

Elmon Smitherman was an elderly, allegedly mentally incompetent resident of Briarcliff Nursing Home. While in the care of the nursing home, he suffered an injury which necessitated amputation of his right leg. Ultimately, his sister, Dorothy Henderson, brought an action based upon negligence against the nursing home. On May 28, 1982, she filed the action as "guardian, next friend, and personal representative."

Smitherman died on June 14, 1982. On November 9, 1982,…