Harris v. Grizzle

The appellant, as administrator of the estate of his deceased wife, seeks review of an order of the district court which dismissed his cause of action for her wrongful death against the appellees. The appellants wife was injured in an automobile accident on May 22, 1975. She was treated for her serious and disabling injuries and her condition stabilized for a time. She was readmitted to the appellee hospital on May 17, 1976, after which her condition steadily deteriorated until she died on August 1, 1976. On March 16, 1977, a wrongful death action was instituted against the driver of the vehicle who caused the disabling and ultimately fatal occurrence. On May 12, 1978, that action was settled for $13,000.00, and the suit was dismissed with prejudice. The appellant signed a general release absolving the defendant in that case from any further liability arising out of the automobile accident. No issue is raised questioning the validity or binding effect of any of these proceedings insofar as the defendant in the earlier suit is concerned. On May 18, 1978, a second suit for wrongful death was filed naming as defendants the appellees, deceaseds treating surgeons and physician, the hospital where she was treated, its administrator and board of trustees. Appellants original complaint was dismissed with leave to amend. An amended complaint was filed. The appellees moved to dismiss on several grounds. Those pertinent to this appeal are: