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Question
In a criminal action for rape with homicide, the accused dies while the case is pending in the trial court. The offended party, B, had previously filed a separate civil action for damages arising from the offense under Rule 111, which remains pending in the same court. The administrator of the accused's estate moves to dismiss the civil action, arguing that civil liability dies with the accused. (a) Is the civil action for damages properly maintainable against the estate? (b) If yes, who should be substituted as defendant and what procedural steps are required to effect substitution and continue the action? (c) If the civil action had not yet been filed before the death, can B still recover damages from the estate? Explain the governing doctrine and apply it to the facts.