Gambrell Ex Rel. Estate of Gambrell v. Burleson

Littlejohn, Justice.

This is an action seeking damages under the survival act for pain, suffering, medical expense, etc. alleged to have been sustained by Lester Gambrell prior to his death as the result of an automobile collision. Defendant James Burleson drove an automobile owned by his wife, defendant Miriam Burleson, into the rear and right side of Gambrell’s parked automobile in which he was sitting at the time. The Collision occurred on July 23, 1963, and Mr. Gambrell died of cancer on May 19, 1964.

The defendants in their answer admit the collision but deny all allegations of negligence…