Gayken v. Nelson

NEVILLE, District Judge.

Plaintiff, a South Dakota resident, commenced a diversity action in this court in December, 1967 for personal injuries. As a truck driver he became involved in two separate accidents, one in Minnesota in November, 1965, the other in Iowa in December, 1965. He joined as defendants in this one action the drivers of the two other vehicles which at separate times and places came into collision with his truck.

Plaintiff died in November 1968 before trial of the case. Plaintiff’s counsel states, and all counsel agree, that death occurred from a “cause unrelated to those…