Christa Stephen et al. v. Sarah Hill

This appeal involves a personal injury case where the defendant died during the pendency
of the litigation. Subsequent to the filing of a suggestion of death by the defendant’s
counsel, the plaintiff failed to timely file a motion for substitution within the time provided
in the Tennessee Rules of Civil Procedure and, as a result, the defendant’s counsel filed a
motion to dismiss. Shortly thereafter, the plaintiff filed a motion for substitution and
simultaneously moved the trial court to enlarge the time for filing the motion. The trial
court denied the plaintiff’s motions and dismissed the case. Upon our review of the record,
we reverse.