(Download) "Treva Carter v. L. Kenneth Pottenger" by Southern District, Division Two Court of Appeals of Missouri * Book PDF Kindle ePub Free
eBook details
- Title: Treva Carter v. L. Kenneth Pottenger
- Author : Southern District, Division Two Court of Appeals of Missouri
- Release Date : January 22, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Treva Carter, wife of Harold Carter, deceased, appeals from the trial court's order dismissing her survival action by which
she sought to recover for personal injuries allegedly sustained by her late husband as a result of Defendants' negligence. Harold Carter originally filed the medical malpractice suit on October 25, 1990, but died on April 15, 1991, apparently from
unrelated causes, while the case was pending. On August 27, 1991, the trial court ordered that Plaintiff be substituted as
party plaintiff in the suit originally filed by Mr. Carter. On March 15, 1993, the trial court sustained Defendants' Motion
to Dismiss for Failure to Substitute Proper Party Plaintiff. On May 10, 1993, Plaintiff filed an Application For Letters of
Administration concerning the estate of Mr. Carter which was denied because it was filed more than one year after his death.
On August 12, 1993, the Probate Division of the Jasper County Circuit Court entered a Decree Determining Heirship by which
the court declared that Mr. Carter's cause of action for medical malpractice against Defendants was vested in Plaintiff and
four children.