Richardson v. Dodson

LAMBERT, Justice.

The issue presented here is whether the timely filing of a complaint by the decedent’s son in his individual capacity is sufficient under CR 15.03 to permit the subsequent amendment of the complaint naming the personal representative as plaintiff to relate back.

Appellant, pro se, timely filed a complaint sounding in tort against appellees for the wrongful death of his mother. In paragraph one, he alleged that he “is the natural son of Katherine Hope.” Thereafter, appellant was appointed administrator of the decedent’s estate and prior to the filing of any motion or responsive…