Ellis v. Hilburn

This case involves the doctrines of relation back and ratification relative to a medical malpractice action based on the alleged wrongful death of Huston O. Hilburn, husband of the plaintiff, Shirley Ruth Hilburn. We affirm the trial court's interlocutory order holding that the wrongful death complaint, filed by Mrs. Hilburn before she was appointed administratrix of her husband's estate, and while she was purporting to act not as administratrix but as her husband's "next of kin," could be amended by Mrs. Hilburn, after the two-year statutory limitations period had expired, to indicate that…