Marks v. Nationwide Insurance Co.

HESTER, J.:

¶ 1 Patricia Marks, administratrix of the estate of Donald Marks, appeals from the grant of Appellee’s preliminary objections in the nature of a demurrer in this civil action. We affirm.

¶ 2 The facts are as follows. On May 18, 1991, Donald Marks was operating a tractor owned and maintained by Walter Mer-riman. The brakes on the tractor failed, and the vehicle subsequently overturned on an embankment, causing Mr. Marks’s death. Appellant filed a wrongful death action against Mr. Merriman. Mr. Merri-man (“decedent”) died during the pen-dency of the action, and Mary Lou Swayne,…