Moore v. Garner

SHORES, Justice.

This is an appeal from a summary judgment against the plaintiff based upon the failure of the plaintiff’s attorney to timely substitute the personal representative of a deceased defendant in an automobile accident case.1 We reverse and remand.

The plaintiff, Kevin Moore, filed a complaint in Jefferson County, Alabama, on October 3, 1988, against Sherry Garner and her husband Wayne Garner, in which he alleged that he had sustained personal injuries, medical expenses, and other damage or loss as a result of Mrs. Garner’s alleged negligence in operating an automobile owned by her…