Sickler v. National Dairy Products Corp.

Plaintiff filed an action under the Structural Work Act. After plaintiff’s death was suggested of record and the statutory period for substitution had expired, defendants filed motions to dismiss. These motions were granted. A motion by the executor of plaintiff’s estate to be substituted as plaintiff was denied. The executor has appealed. We affirm the trial court.

Two issues have been presented: (1) Whether dismissal was proper under section 54(2) of the Civil Practice Act, and (2) Whether the action survived plaintiff’s death. In view of our resolution of the first issue we do not find it…