Gentile v. Carr

This is an appeal from the Court of Common Pleas of Jefferson County from a judgment dismissing the complaint of the plaintiffs-appellants with prejudice.

The cause herein arises out of an automobile accident. Appellants’ complaint was filed two days prior to the expiration date of the statute of limitations. Subsequently, it was discovered that one of the defendants had died. The executrix of the deceased defendant’s estate accepted service and voluntarily substituted herself as a party-defendant.

For the sake of clarity, we set forth the chronology of events as follows:

March 22, 1972 — Date…