Fletcher v. Amity Care, Inc.

HUNTER, Chief Judge:

Appellant seeks reversal of the trial court’s denial of her motion for new trial.

Appellant filed her petition against Ap-pellee for damages arising out of the alleged wrongful death of her father. After discovery, Appellee filed a motion to dismiss on the basis that the court lacked jurisdiction because Kenneth Wayne Lamb, the decedent’s son had previously been appointed administrator of the estate of Lawrence R. Lamb and, as such, was the only authorized person, under the law, who could bring a wrongful death action on behalf of the estate. Appellant admitted that Kenneth…