On May 11, 2018, Alyce L. Richards and Joshua T. Wilson were involved in a car crash. Richards was injured and Wilson died.
On May 6, 2020, Richards filed a lawsuit, five days before the statute of limitations expired, alleging that the crash was caused by Wilson’s negligence.
Richards was aware at the time of filing that Wilson was deceased, and he was named as the only defendant. On May 20, 2020, Richards moved to appoint a special administrator, and Kimberly Vaca was appointed. Vaca moved to dismiss pursuant to §2-619 of the Illinois Code of Civil Procedure, arguing that the lawsuit was not filed within the two-year period and thus was time barred.