Roberson v. First National City Bank

This is a motion to amend the complaint stating a cause of action for personal injuries to add a cause of action for wrongful death.

The accident occurred in April, 1960. The personal injury action was commenced in April, 1963, just before the expiration of the Statute of Limitations. Plaintiff died of cancer in September, 1963. Her executor was substituted in the action in September, 1966 but, even then, one year after the expiration of the two-year Statute of Limitations for a wrongful death action, no motion was made to add such cause of action. This motion was not made until more than six…