Sharon Marcum v. Robert Hodge, Special Administrator of the Estate of Nicholas Hendricks

Summary

The court held that Marcum preserved her argument that the estate-specific statute of nonclaim governed her negligence claim. Because the claim was not barred when Hendricks died, the statute of nonclaim superseded the general three-year limitations period, applied to the special administrator, and rendered Marcum's claim timely. The court therefore reversed the dismissal, remanded the case, and vacated the court of appeals' opinion.