Peek v. DeBerry

OPINION

PRESTON H. DIAL, Jr., Justice1 (Assigned).

This is an appeal from the granting of a motion to dismiss the appellants’ wrongful death cause of action against the appellee. We will reverse and remand.

Appellee Marvin DeBerry shot and killed Clyde Peek on December 18,1984. DeBerry was acquitted of the crime by reason of insanity. Peek’s widow and children (the Peeks) filed suit against DeBerry and others in November of 1986. The Peeks sought to accomplish service on DeBerry by serving his guardian’s attorney. DeBerry answered with a general denial filed by his own attorney.

There followed…