Duvardo v. Moore

This is an appeal from an order of the circuit court of Franklin county, dismissing the action of Nick Duvardo, appellant (hereinafter called plaintiff), as against J. Beverly Moore, appellee (hereinafter called defendant). The complaint of plaintiff as against defendant was based upon a claim for damages for malpractice by defendant, who is a physician, in the sum of $75,000.

By an amended motion under Section 48 of the Civil Practice Act, it was moved to dismiss on the ground that plaintiff did not have legal capacity to sue for the reason that plaintiff, plaintiff’s employer, and defendant,…