Mitchell v. Mercy Ambulance Service, Inc.

WILHOIT, Judge.

This appeal is from a judgment dismissing a complaint which sought damages resulting from alleged injuries to Carl J. Mitchell, Sr., when he was using an ambulance owned by the appellee, Mercy Ambulance Service, Inc., on September 19, 1989. The original complaint named Mr. Mitchell as the sole plaintiff and was filed April 10, 1990. Unbeknownst to Mr. Mitchell’s counsel, Mr. Mitchell died two days prior to the filing of the complaint, apparently from causes unrelated to the alleged September 1989 injuries. The appellants, co-executors of Mr. Mitchell’s estate, filed a motion in…