JAQUITH NURSING HOME v. YARBROUGH

No. 2011-IA-00496-SCT.

99 So.3d 745 (2012)

JAQUITH NURSING HOME, Mississippi State Hospital and Mississippi Department of Mental Health v. Nancy YARBROUGH Substituted as Party for Nellie Andrews, as the Personal Representative of Walter Yarbrough, Deceased.

Supreme Court of Mississippi.

October 25, 2012.


Attorney(s) appearing for the Case

Mary Margaret Waycaster , Jackson, attorney for appellants.

William M. Cunningham, Jr. , attorney for appellee.

EN BANC.


KITCHENS, Justice, for the Court:

¶ 1. In this wrongful death action, filed by the decedent's niece, the defendants moved to dismiss the case, arguing that the niece did not have standing to file the complaint. At the same time, the decedent's brother's estate filed a motion to substitute as the real party in interest. The trial court denied the motion to dismiss and granted the substitution, and the case is now before us on interlocutory appeal. Finding the...

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