Heights Funeral Home v. McClain

ANDERSON, Justice.

The appellant, Heights Funeral Home, as plaintiff, sued appellees, Olivia McClain and her husband Alex McClain, who will also be. referred to as defendants, to recover damages because of the impairment suffered by one of its ambulances when the ambulance was in collision with an automobile that was being driven by Mrs. McClain. The defendants filed a plea in abatement which is also in the nature of a plea in bar. The plea was sustained and plaintiff’s suit was dismissed, with prejudice. An appeal from the order of dismissal was perfected from the 127th District Court of…