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Thursday, October 11, 2012

Civil Procedure: Substitution of a Representative Plaintiff Who Died During Pendency of Wrongful Death Action

The Tennessee Court of Appeals, Western Section, just issued its opinion in Holley ex rel. Holley v. Blackett, No. W2011-02115-COA-R3-CV (Tenn. Ct. App. Oct. 10, 2012).  The summary from the opinion states as follows:
This appeal involves an attempt to substitute parties after the original plaintiff in this wrongful death case died. The trial court struck the motion to substitute parties and dismissed the case. We reverse and remand for further proceedings.
Here's a link to the opinion:

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