Sam McCormick v. Illinois Central Railroad Company

IN THE COURT OF APPEALS OF TENNESSEE AT MEMPHIS FEBRUARY 19, 2009 Session SAM McCORMICK v. ILLINOIS CENTRAL RAILROAD COMPANY Interlocutory Appeal from the Circuit Court for Shelby County No. CT-002977-06 John R. McCarroll, Judge No. W2008-00902-COA-R9-CV - Filed May 19, 2009 In this interlocutory appeal, we are asked to determine whether the trial court erred in allowing the executor of the plaintiff’s estate to be substituted as the party plaintiff where the party plaintiff died before suit was filed in his individual capacity. We are also asked to determine whether the defendant waived the…