Lamere v. Vaughn

On July 26, 1972, plaintiff-appellant Richard C. Lamere filed suit against defendant-appellee Robert Vauglm, d/b/a Rupert’s Sportshop. The complaint alleged sale of defective fireworks by defendant to plaintiff, and resulting injury to plaintiff. On August 8, 1972, defendant filed a motion to dismiss the complaint, or in the alternative, to strike certain allegations thereof. The motion was set for hearing on August 30, 1972, on which date the hearing was continued, by agreement, until further order of the court.

On September 30, 1972, plaintiff died. On October 2, 1972, defendant’s attorneys…