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DOHERTY v. STRAUGHN

407 A.2d 207 (1979)

Jacqueline DOHERTY, Successor Administratrix of the Estate of Harry Doherty, Jr., Plaintiff Below, Appellant, v. Jane C. STRAUGHN, M. D., Floro Resurreccion, M. D., Harold S. Rafal, M. D., S. Paul Akana, M. D., Nguyen Tuyen, M. D., and Wilmington Medical Center, a Delaware Corporation, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided October 1, 1979.

Rehearing Denied October 22, 1979.

Attorney(s) appearing for the Case

Robert Burton Coonin of Knecht, Greenstein, Schagrin & Berkowitz, Wilmington, for plaintiff-appellant.

John A. Elzufon of Tybout & Redfearn, Wilmington, for defendants-appellees Akana, Tuyen and WMC.

Mary Pat Trostle of Biggs & Battaglia, Wilmington, for defendants-appellees Straughn and Resurreccion.

Jane R. Roth of Richards, Layton & Finger, Wilmington, for defendant-appellee Rafal.

Before McNEILLY, QUILLEN and HORSEY, JJ.

HORSEY, Justice:

This appeal concerns the timeliness of a Superior Court Civil Rule 25 motion for substitution of a party following death of the personal representative party plaintiff to a "survival" claim joined with a widow's wrongful death malpractice action1 arising out of allegedly improper medical care of decedent.

The pertinent facts are:

(a) That 157 days after the death...

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