Bartee v. Vitocruz

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After Tonia Begley died, Robert Bartee and Wiley Begley qualified as co-administrators of Begley’s estate. Wiley Begley subsequently died. Thereafter, Bartee filed a wrongful death lawsuit against an emergency department physician. The trial court dismissed the action, concluding that Bartee lacked standing to sue alone. The Supreme Court reversed, holding that Bartee had standing to file the action under the doctrine of survivorship because the power of appointment given to Bartee and Wiley Begley as co-administrators of the estate to prosecute a wrongful death action could be exercised by Bartee as the sole remaining survivor. Remanded. View "Bartee v. Vitocruz" on Justia Law