Martin v. Brown

Eldridge, Judge.

On March 15, 1992, appellant was struck by Nathaniel Brown, Jr., who, while DUI, crossed the centerline and hit the vehicle driven by appellant, which collision killed Brown. Bobbie Brown is the widow of Nathaniel Brown, Jr. and executrix of his estate. The initial suit was dismissed without prejudice and refiled within six months, but in such interval the executrix closed out the estate and obtained a discharge from the Probate Court of Stephens County. Appellee answered the refiled complaint pleading the discharge and the lack of capacity to be sued as executrix of the…