Jordan v. Jordan

Plaintiff, Amber Jordan, filed a complaint against the defendant for the death of plaintiff’s son, who was also defendant’s grandson, after plaintiff’s son died from a gunshot wound while staying overnight with the defendant. Plaintiff's complaint alleged that defendant had multiple unlocked and loaded guns in her residence and pursued recovery under negligence and premises liability theories. No estate was opened, and plaintiff was not appointed special administrator. While the case was pending, Amber Jordan died. Defendant then moved to dismiss under section 2-619, arguing that the claim was a nullity because no estate had been opened and no special administrator had been appointed prior to the expiration of the statute of limitations. The child’s biological father filed a motion for leave to substitute as plaintiff and for leave to file an amended complaint. The trial court granted the motion to dismiss and plaintiff appealed, arguing that the failure to appoint an estate administrator was a procedural defect that could be cured after the expiration of the statute of limitations. The appellate court affirmed, finding that while the original plaintiff could have been appointed as the administrator of the estate after the expiration of the statute of limitations and would have related back to the filing of the original complaint, the relation-back doctrine is inapplicable in a case where the plaintiff dies because the claim became void ab initio. (KNECHT, concurring and HARRIS, dissenting)