the jury so finds. N.C.G.S. § 28A-18-2(b) (2001). The allegations in a pleading must be liberally construed so as to do substantial justice. N.C.G.S. § 1A-1, Rule 8(f) (2001); Smith v. N.C. Farm Bureau Mut. Ins. Co., 84 N.C. App. 120, 123, 351 S.E.2d 774, 776, aff’d, 321 N.C. 60, 361 S.E.2d 571 (1987). While a request for damages based on a decedent’s pain and suffering and hospital care can be construed as invoking an action for survival, in the context of this case, Plaintiff only intended to go forward with a wrongful death claim. In her complaint, Plaintiff states a claim “for the wrongful death of [Lester] Tyson” and then proceeds to plead all the damages listed in section 28A-18-2(b) with the exception of nominal damages. See Parrish, 143 N.C. App. at 255-56, 547 S.E.2d at 81 (<HOLDING>). Also, there is no indication in the complaint
holding the plaintiffs action was one for wrongful death and not survival where damages listed in complaint were identical to damages listed in the wrongful death act recognizing that substantive issue of liability may be litigated in the same action for wrongful death and survival actions holding that a failure to include a beneficiary in a wrongful death action is a defect because the wrongful death act restricts plaintiffs to a single action recognizing cause of action for wrongful death holding that plaintiffs failure to prove decedents death was caused by the wrongful acts of the defendant precludes any recovery of wrongful death damages under mississippis wrongful death statute