Carpenter v. Johnson

OPINION

FONES, Chief Justice.

This case arose when plaintiffs filed suit in a tort action against a deceased defendant, then attempted to amend the complaint to substitute the deceased’s administratrix as the defendant after the one year statute of limitations had run. The record, which contains a stipulated bill of exceptions, re*869veals the following chronology of relevant facts:

The cause of action asserted by the plaintiffs accrued on May 18, 1972, the date of the accidental injuries sustained by plaintiffs in an automobile accident. On April 9, 1973, the alleged tort-feasor, Gil-ford J.…