Marie Blank, Administrator of the Estate of Layton W. Blank v. John Reed Ripley

Marie Blank, in her capacity as the administrator of the estate of Layton Blank, appeals from a final order of the District Court 1 for the Eastern District of Missouri, 567 F.Supp. 1531, dismissing her wrongful death complaint. For reversal appellant argues that the district court erred in dismissing her complaint on the ground that the cause of action for the wrongful death of Rosemary Petit abated at the death of Pet-it’s brother Layton Blank because he had not filed suit before his death. We affirm.

In May, 1980, Rosemary Petit died, allegedly as a result of appellee’s negligence. At the…