Mazzocone v. Drummond

ERWIN, Judge.

The defendant first contends that this action abated, because he had not been served with process at the time of the death of Mrs. Drummond. Mrs. Drummond filed her complaint on 24 August 1977. By doing so, she commenced this civil action as of that date. G.S. 1A-1, Rule 3. At all times thereafter, this action was a viable pending action. Although Mrs. Drummond died while this action was pending, her death did not abate the action. “No action abates by reason of the death of a party if the cause of action survives.” G.S. 1A-1, Rule 25(a). The plaintiff’s cause of action in the…