Brown v. Samiagio

OPINION

FAY, Chief Justice.

This case is before the court on the plaintiff’s appeal from a declaratory-judgment action in Superior Court. The action arose as a result of a September 1980 fatal automobile accident that claimed the life of a young man named David P. Samiagio. Because of a procedural flaw in the commencement of this action, we dismiss the appeal and vacate the decision below.

The plaintiff, Raymond 0. Brown, Jr. (Brown), initiated the instant action in Washington County Superior Court against Anthony P. Samiagio and Linda C. Clachrie by complaint filed October 16, 1980. Personal…