Johnson v. Wachovia Bank & Trust Co.

CAMPBELL, Judge.

G.S. 28-173 provides in pertinent part:

“When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured party had lived, have entitled him to an action for damages therefor, the person or corporation that would have been so liable, and his or their executors, administrators, collectors or successors shall be liable to an action for damages, to be brought by the executor, administrator or collector of the decedent,...”

A wrongful death action cannot be maintained by a foreign administratrix, and commencement of a wrongful…