Graham v. Radford

This action was brought by the guardian ad litem of a young child who was severely burned when her clothes came in contact with a trash burner maintained on premises belonging to the defendant and her husband. The husband died subsequent to the accident and his estate was admitted to probate. The plaintiff failed to file a claim in the estate and now seeks to prosecute this action against the widow in her individual capacity. The trial court dismissed the action, holding that it was barred because of the failure to file a claim in the estate of the deceased husband of the defendant.

It is…