Kenneth Caldwell v. Lester E. Cox Medical

PER CURIAM. Appellants Kenneth Caldwell and Shirley Caldwell and Kenneth Caldwell as Plaintiff ad litem (Plaintiffs) appeal from an order entered by the trial court striking and dismissing Counts II, III, IV and V of their third amended petition against Respondent Lester E. Cox Medical Centers-South, Inc., (Cox Medical) and dismissing Counts III and V of the same petition against Respondent, Dr. Jeffrey S. Wheeler (Wheeler). 1 Plaintiffs raise two points of trial court error, discussed below. We affirm. Plaintiffs Kenneth Caldwell and Shirley Caldwell are the surviving parents of Marshall Caldwell, who passed away on January 3, 1990. These same Plaintiffs filed a petition in wrongful death, § 537.080, 2 on February 4, 1992, against Cox Medical, Wheeler and Dr. Richard Seagrave (Seagrave) for negligent care of their son.