IVORY v. FITZPATRICK

82-487.

445 So.2d 262 (1984)

Patricia IVORY v. Fannie M. FITZPATRICK, Administratrix of the Estate of Willie Fitzpatrick, deceased.

Supreme Court of Alabama.

January 20, 1984.


Attorney(s) appearing for the Case

Robert D. Segall of Copeland, Franco, Screws & Gill, Montgomery, for appellant.

Tom E. Ellis, Birmingham, for appellee.


MADDOX, Justice.

The two issues before the Court on this appeal are: (1) whether a wrongful death claim pursuant to Code 1975, § 6-5-410, against a decedent's estate, is subject to the provisions of the nonclaim statute, § 43-2-350; and (2) whether notice (within six months) given to the attorney for the estate of the defendant and the liability insurer precluded the entry of summary judgment. We respond in the affirmative as to the first issue and in the...

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