Deric J. Mead v. James Loyd Tucker

In this personal injury negligence action, the defendant died while the litigation was pending.  The plaintiff failed to file a motion for substitution of party within ninety days of the original defendant’s death being suggested on the record.  Over a month later, the plaintiff moved the trial court to enlarge the time to substitute the parties pursuant to Tennessee Rule of Civil Procedure 6.02(2).  The trial court denied the motion for an enlargement of time.  Because the trial court did not abuse its discretion, we affirm.