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LEMMOND v. SEWELL

84-635.

473 So.2d 1047 (1985)

Peggy LEMMOND, Executrix of the Estate of Richard D. Lemmond, Deceased v. John B. SEWELL; J.T. Smith; Stephen Branning; and Robert W. Peete.

Supreme Court of Alabama.

June 21, 1985.

Attorney(s) appearing for the Case

Thomas M. Di Giulian, Decatur, for appellant.

John S. Ley and William L. Middleton of Eyster, Key, Tubb, Weaver & Roth, Decatur, for appellees.

SHORES, Justice.

The single issue presented by this appeal is whether the action alleged in the plaintiff's complaint survived the death of plaintiff's decedent under § 6-5-462, Ala.Code 1975. If it sounds in contract, it does; if it is actually a tort claim, it does not.

Plaintiff Peggy Lemmond, as executrix of the estate of Richard D. Lemmond, deceased, brought this action against the four defendants, all of whom are medical doctors.

She alleges...

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