Dane ex rel. Dane v. Cozean

REINHARD, Presiding Judge.

Plaintiff appeals from an order of the court dismissing his petition for personal injury. Plaintiff, a minor, filed suit by his next friend seeking damages for injuries he sustained on February 1, 1969, when struck by an automobile driven by Richard Batten. The suit was filed against defendant, the administrator of Batten’s estate, Batten having died several years after the accident in which plaintiff was injured.

Plaintiff’s lawsuit was originally filed on February 1, 1974. A notice of the suit was filed in the probate court on the same day as per § 473.360 RSMo…