Berry v. Morton

Birdsong, Judge.

Appellant Berry brought action against Morton for injuries allegedly received when appellee Morton’s vehicle, driven by Demmons, struck Berry as he walked down the street. Appellee Morton died during the course of litigation. The appeal is from the trial court’s dismissal of Berry’s action against Morton for failure to substitute a proper party pursuant to Code § 81A-125(a) (1). Held:

1. The appellee’s motion, filed February 28, 1979, prayed dismissal on the grounds that the defendant Morton died on April 11, 1978, as shown by the attached certificate of death, and that "more…