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MITCHELL v. MERCY AMBULANCE SERVICE, INC.

No. 91-CA-2798-MR.

847 S.W.2d 65 (1993)

Carl J. MITCHELL, Jr., and Phillip G. Mitchell, Co-Executors of the Estate of Carl J. Mitchell, Sr., Appellants, v. MERCY AMBULANCE SERVICE, INC., Appellee.

Court of Appeals of Kentucky.

February 12, 1993.

Attorney(s) appearing for the Case

John W. Bauman, Louisville, for appellants.

Robert M. Josephson, Louisville, for appellee.

Before HUDDLESTON, McDONALD and WILHOIT, JJ.

WILHOIT, Judge.

This appeal is from a judgment dismissing a complaint which sought damages resulting from alleged injuries to Carl J. Mitchell, Sr., when he was using an ambulance owned by the appellee, Mercy Ambulance Service, Inc., on September 19, 1989. The original complaint named Mr. Mitchell as the sole plaintiff and was filed April 10, 1990. Unbeknownst to Mr. Mitchell's counsel, Mr. Mitchell died two days prior to the filing of the complaint, apparently from...

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