Ludy v. Giddens

McMurray, Presiding Judge.

William Ludy brought this medical malpractice action against defendants on March 26, 1985. Defendants answered the complaint *112and denied the material allegations set forth therein. Thereafter, on September 20, 1985, William Ludy’s attorney notified the court and all parties that plaintiff died on September 13, 1985. No motion for substitution of parties was made within the next 180 days. Accordingly, defendants moved to dismiss the complaint. Service of the motion to dismiss was made upon William Ludy’s attorney.

Decided March 11, 1987. Thomas E. Maddox, Jr., for…