State Missouri v. Honorable Dorman

ORIGINAL PROCEEDING IN PROHIBITION The underlying action was brought by Harriet Smith against Relator and Salem Memorial District Hospital. The initial petition filed October 5, 1993, sought damages for the wrongful death of Petitioner's father, Harry Pyle Boyd, due to the alleged negligence of Relator and defendant hospital. Two days later Plaintiff filed ""First Amended Petition for Damages"", reciting that it was brought by her ""both in her individual capacity as the surviving daughter of Harry Pyle Boyd, and in her capacity as the prospective personal representative of the estate of the Decedent..."". The amended petition sought damages for the lost chance of survival and recovery of Harry Pyle Boyd.