Coats

This appeal is a consolidation of two appeals filed by plaintiff/appellant Faye Coats (appellant). One challenged the dismissal with prejudice of her first four causes of action following a judgment on the pleadings in favor of defendant/respondent K-Mart Corporation (K-Mart); the second challenged the granting of the motion for nonsuit made by respondent. For the reasons discussed below, we affirm.

Factual and Procedural History

On May 31, 1980, at a K-Mart store in Los Angeles, Larry Wayne Hammons (decedent) was involved in an altercation with K-Mart employees. Decedent subsequently suffered a cardiac arrest, went into a coma, and died four hours later. Decedent was appellant’s son.

On May 29, 1981, appellant filed her initial complaint for personal injuries, purporting to act in two capacities. Alleging she was the administratrix of decedent’s estate, appellant sought damages for injuries and expenses sustained by decedent prior to his death and punitive damages. (Prob. Code, § 573.) As an individual, she pleaded a cause of action for wrongful death. (Code Civ. Proc., § 377.)

Appellant’s first amended complaint, filed on June 22, 1981, repeated the allegation that…