Doherty v. Straughn

HORSEY, Justice:

This appeal concerns the timeliness of a Superior Court Civil Rule 25 motion for substitution of a party following death of the personal representative party plaintiff to a “survival” claim joined with a widow’s wrongful death malpractice action 1 arising out of allegedly improper medical care of decedent.

The pertinent facts are:(a) That 157 days after the death of the personal representative had been suggested upon the record by defendant’s service upon the remaining parties, including the surviving plaintiff, decedent’s widow, of a statement of the fact of death and no…