Stewart v. Hardie

OPINION ON REHEARING

RICHARDS, Justice.

We deny appellant’s motion for rehearing. We withdraw our June 11, 1998 opinion and judgment and substitute the following.

I. Introduction and Holding

Appellant Theodore Lee Stewart (“Stewart”) appeals the trial court’s judgment dismissing his survival claim on behalf of Pamela Sue Stewart (“Mrs.Stewart”) and ordering that he take nothing on his wrongful death claim against Dr. Robert Hardie (“Hardie”). In his first point, Stewart argues that the trial court erred in dismissing his survival claim because no administration of Mrs. Stewart’s estate was…