Illinois Supreme Court
Civil Court
Statutes of Limitations
Just prior to two-year statute of limitations, Plaintiff filed personal injury suit against defendant driver, who had, unbeknownst to Plaintiff, died shortly after auto accident. Plaintiff should have sought leave to amend complaint so as to substitute Independent administrator of defendant's estate as defendant. As estate had already been opened for defendant and letters of office had issued to his executor, Section 13-209(c) of Code of Civil Procedure required that action be commenced against personal representative, upon Plaintiff learning of defendant's death. (FREEMAN, THOMAS, GARMAN, BURKER, and THEIS, concurring; KILBRIDE, dissenting.)