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ROTELLA v. JOSEPH

No. 11975.

615 S.W.2d 616 (1981)

Peter W. ROTELLA, Administrator of the Estate of Deborah Evans, Deceased, Plaintiff-Appellant, v. Patricia JOSEPH and Willard W. Hutchison, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied May 1, 1981.

Application to Transfer Denied June 8, 1981.

Attorney(s) appearing for the Case

Stephen H. Ringkamp, Hullverson, Hullverson & Frank, Inc., St. Louis, for plaintiff-appellant.

Noble I. Leighton, Greene, Curtis & Leighton, Springfield, for defendant-respondent Joseph.

Mark E. Gardner, Lynn C. Rodgers, Woolsey, Fisher, Whiteaker, McDonald & Ansley, Springfield, for defendant-respondent Hutchison.

FLANIGAN, Judge.

Does a two-month-old girl lose her cause of action for the wrongful death of her unmarried mother because a lawsuit, timely filed, was not commenced in her name by a next friend but was filed, expressly on her behalf, by a foreign administrator? The issue is easier to state than to resolve.

This is an action for the wrongful death of Deborah Evans who died on June 28, 1977, as a result of a two-vehicle collision which occurred on that date...

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