Gladden v. Bucy

John I. Purtle, Justice.

At the beginning of the second trial of this suit, the court sua sponte declared that the appellant was not the proper party to bring the action and therefore dismissed the complaint. For his appeal, the executor of the estate argues that the court erroneously refused to allow the guardian of the estate or the decedent’s three minor children to be added as plaintiffs. We hold that the court erred in dismissing the suit for lack of standing.

The executor of the decedent’s estate filed an action against an insurance agent and an insurance company, alleging that the agent…