WOLLEN v. DePAUL HEALTH CENTER

No. 74115.

828 S.W.2d 681 (1992)

Linda F. WOLLEN, Appellant, v. DePAUL HEALTH CENTER, Richard F. Jotte, Sr., M.D., Edwin Ernst, III, M.D., and Ernst Radiology Clinic, Inc., Respondents.

Supreme Court of Missouri, En Banc.

April 2, 1992.


Attorney(s) appearing for the Case

Stephen Meyerkord, St. Louis, for appellant.

C. Robert Buckley, Independence, for amicus Mata.

Don R. Sherman, Sanford Goffstein, Lori Koch, Joseph Kortenhof, Robert A. Wulff, Mark R. Dunn, St. Louis, for respondents.

Jeffrey P. Ray, Charles W. McKee, Kansas City, for amicus Missouri Org. Defense Lawyers.


BENTON, Judge.

Linda F. Wollen appeals the dismissal, for failure to state a cause of action, of her petition for damages filed under the wrongful death statute, § 537.080 RSMo 1986. The decision below is vacated; and this case is remanded for further proceedings in accordance with this opinion.

I.

Assuming for the purposes of appellate review that the allegations in appellant's pleadings are true, the facts of this case are: On January 26,...

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