Custren v. Curtis

OLSZEWSKI, Judge:

Edward Custren appeals the trial court’s order dismissing his complaint upon appellee’s preliminary objections. The trial court dismissed the action because the named defendant was dead at the time the action was brought. Appellant argues the trial court erred in dismissing the action because the appellee waived the defect in the complaint. We find that such a defect cannot be waived; consequently, we affirm.

This action arose from an incident on July 29, 1985. Appellant, a mailman, was delivering mail to appellee when he fell and injured himself. Appellant’s attorney engaged…