Ivory v. Fitzpatrick

The two issues before the Court on this appeal are: (1) whether a wrongful death claim pursuant to Code 1975, §6-5-410, against a decedent's estate, is subject to the provisions of the nonclaim statute, § 43-2-350; and (2) whether notice (within six months) given to the attorney for the estate of the defendant and the liability insurer precluded the entry of summary judgment. We respond in the affirmative as to the first issue and in the negative as to the second issue, and affirm the judgment below.

The facts of this case are uncomplicated, and are basically as follows:

An automobile accident…