Mendez v. Walker

Plaintiff, as a pedestrian, was struck and injured on October 17, 1966, by an automobile operated by defendant. At the time of the incident, plaintiff was a minor. This action for damages was filed on August 3, 1970, after plaintiff became of age. Defendant died on June 20, 1972, before the case was brought to trial. On August 2, 1974, plaintiff moved to substitute the personal representative of defendant’s estate as defendant. The trial court denied the motion and dismissed the case because the motion was not made within one year of defendant’s death. Plaintiff appeals.

At common law an…