Augustus v. Estate of Somers

Plaintiffs Phillip and Patricia Augustus appeal the trial court’s grant of summary judgment for defendant estate of Gene Somers, by and through Thomas Goodwin, special administrator for the estate of Gene Somers, decedent. We affirm.

Plaintiffs were involved in an automobile accident with decedent on April 14, 1992, which allegedly resulted in injuries to plaintiffs. Decedent died on September 26, 1992.

On March 21, 1994, plaintiffs filed a complaint titled "Patricia Augustus and Phillip Augustus v. Gene Summers [szc] and Marlyss Summers [sic].” Process was served on Marlyss Somers personally.…