The plaintiff in this lawsuit, Roscoe Giles, was the representative and administrator of the estate of his brother, Morris Giles. Giles filed suit two years and one day after the death of his brother who was hit by a tow truck while walking through a cross-walk. When there is a sudden traumatic injurious event, the cause of action accrues, and the statute of limitations begins to run on the date the injury occurs.
As the original lawsuit complaint was not timely filed, no subsequent pleading can relate back to it. Any legal disability on the part of the decedent, and any negligence by the Giles’ attorney, cannot extend the statute of limitations.
Roscoe Giles, Morris’s brother, retained an attorney to sue Robert Parks, the tow truck’s owner and operator. On Dec. 23, 2014, exactly two years after Morris’s death, counsel for Roscoe filed the lawsuit, a survival claim. Survival claims have a statute of limitations of two years.