N. R. v. R.J.D

Action was brought against R.J.D., defendant, by N.R. as next friend of N.R.J.D., her infant deughter, and on her own behalf. The amended petition sought to have defendant declared the natural father of N.R.J.D. and for support; the mother also asked for custody and by a fair reading of the petition she sought reimbursement for lying in expenses. The action was originally filed on November 4, 1975. Defendant filed an answer and counter claim. 1 Discovery was had including depositions. Defendant died on August 7, 1976. Suggestion of death and motion to substitute party was filed on August 12, 1976. On November 8, 1976, after an administrator had been appointed, plaintiff filed a motion requesting that the administrator of the Estate of R.J.D. be substituted as the real party in interest. This motion was denied. Defendant then filed a motion to dismiss after which plaintiffs filed a motion seeking reconsideration of the court's action with respect to the motion for substitution of party. At the same time plaintiff sought leave to file an amended petition. In Count I of the proposed amended petition the child through its next friend sought a declaration of paternity and a determination of heirship. The mother sought reimbursement for lying in expenses for herself and for moneys expended for pediatric services for the child. The proposed amendment did not seek support for the child. The court denied leave to file the amended petition and sustained J.R.D.'s motion to dismiss.