Jaquith Nursing Home v. YarbroughAnnotate this Case
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. The case came before the Supreme Court on interlocutory appeal. Finding the niece was an "interested party" as an heir-at-law of the decedent, the Supreme Court affirmed the trial court's decision and remanded the case for further proceedings.