Willis v. Duke Power Co.

MORRIS, Chief Judge.

The threshold question for decision on this appeal is whether the action abated upon the death of Elizabeth Shelton Willis, mother of decedent, after commencement of the action but pending trial. The trial court, by granting defendant’s motion for summary judgment “based on the grounds stated in the motion”, held that it did. We do not agree.

Resolution of this question of first impression in this State requires consideration of the former wrongful death statute, cases interpreting that statute, and the new wrongful death statute.

No right of action for wrongful death…