Diane Koniecki Ausman v. Hiram Shaddox Geriatric Center

Summary

The court held that the one-year limitation in section 16-62-108 applies when a special administrator dies during pending litigation, even though the deceased person was not the injured party. Rule 25 governs the procedure for substitution, but it does not extend the statutory period for revival. Because the Estate did not move for substitution within one year after the administrator’s death, dismissal with prejudice was proper.