Hale v. Brown

PHELPS and STRUCKMEYER, Justices

(dissenting).

Our major point of departure from the majority takes place in their treatment of the second assignment of error and begins with what constitutes, and what is the nature of, the real cause of action involved in this case. However, before launching into a discussion of our differences in that regard, we must clarify another minor point of disagreement that involves whether we are dealing with “plaintiffs” or “plaintiff” on this appeal. The majority opinion maintains that the court ordered stricken the names of decedent’s three children as party…