A clerk of judicial records filing a writ of summons does not constitute a court’s approval to substitute a new plaintiff in a lawsuit, a Lackawanna County court has ruled.
In a March 1 order in Marsh v. Lizza, Lackawanna County Court of Common Pleas Judge Terrence R. Nealon sustained Colleen Marsh Lizza’s preliminary objections to an attempt by her brother, Brian Marsh, to substitute himself as the plaintiff in a wrongful death and survival action alleging Lizza’s reckless and negligent conduct in the death of their mother, Marcella Marsh.
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