Brown v. Southern Pacific Transportation Co.

MEMORANDUM OPINION

COBB, District Judge.

This action was brought by plaintiffs Roy and Debra Brown, on October 28, 1988, in the 60th District Court of Jefferson County, Texas. The Southern Pacific Transportation Company was a defendant, and in the original state court petition the Browns sued “The Estate of Wanda Carol Griffin.” No service was sought or perfected against the “Estate.” Defendant Southern Pacific was served November 3, 1988, and answered on November 23, 1988. After several months, an administratrix of the Estate of Griffin qualified, and with leave of the state court, intervened,…