Vivian Khah v. Jonathan Capley

This appeal arises from the dismissal of a personal injury action in which the alleged tortfeasor died before suit was filed.  Upon a motion to dismiss, the trial court determined that the suit was barred by the applicable statute of limitations.  Because no personal representative was appointed for the deceased tortfeasor and more than a year had elapsed following the accrual of the plaintiff’s cause of action, we affirm the dismissal.