Swenson v. Brown

[¶ 1.] Gena Swenson appeals the circuit court’s dismissal of her personal injury action following the death of the defendant, Carrie Brown, and the lack of a motion to substitute for Brown within ninety days of the service of a suggestion of death by Brown’s attorney pursuant to SDCL 15-6-25(a)(l). We affirm.

FACTS

[¶ 2.] On May 14, 2004, Swenson commenced this personal injury action against Brown following an automobile accident. Brown passed away on June 1, 2007. On March 28, 2008, a suggestion of death upon the record was served upon Swenson’s counsel via first class mail by the attorney…