EXECUTORS AND ADMINISTRATORS-TORT ACTION AGAINST PERSONAL REPRESENTATIVE AFTER ESTATE IS CLOSED

Plaintiff sustained personal injuries due to the negligent act of an employee in a business operated by defendant executor with court authorization. Eight months after the accident occurred the assets of the estate were distributed and the executor discharged. Four months later the plaintiff instituted a suit for damages against defendant in his individual capacity. Held, discharge of the executor did not relieve him of personal liability for the tortious acts of his agent.

Johnston v. Long, ( Cal. 1947) 180 P. (2d) 21, as modified on denial of rehearing 181 P. (2d) 645.