Moon v. Ellis

ROBINSON, Judge:

This case presents two issues: (1) whether Appellant, in her individual capacity, is entitled to bring this wrongful death action, and (2) whether Appellant, as personal representative, has the right to be substituted as individual plaintiff after the statute of limitations has run.

On October 5, 1981, Appellant, in her individual capacity, filed this cause of action against Appellees for the wrongful death of her mother, Juanita Pauline Wright. Appellant brought this suit exactly two years and one day after her mother’s date of death, but within the two-year limitation…