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MULHERN v. CATHOLIC HEALTH INITIATIVES

No. 08-1478.

799 N.W.2d 104 (2011)

Todd A. MULHERN, Individually and as Representative of the Estate of Elizabeth M. Von Linden, Appellant, v. CATHOLIC HEALTH INITIATIVES a/k/a Catholic Health Initiatives Iowa Corp. d/b/a Mercy Franklin Center and/or Mercy Hospital and/or Mercy Psychiatric Services, Appellee.

Supreme Court of Iowa.

June 24, 2011.

Attorney(s) appearing for the Case

Andrew J. Stoltze and Bruce H. Stoltze of Stoltze & Updegraff, P.C., Des Moines, and Christopher A. Kragnes , Des Moines, for appellant.

Stacie M. Codr and Connie L. Diekema of Finley, Alt, Smith, Scharnberg, Craig, Hilmes & Gaffney, P.C., Des Moines, for appellee.

WATERMAN, Justice.

Elizabeth Von Linden, a successful business executive, took her own life three weeks after she was discharged as an inpatient from defendant Mercy Hospital's psychiatric ward and six days after her outpatient office visit with Mercy's psychiatrist. Her husband brought a wrongful death action against Mercy, alleging negligent care. Mercy raised defenses, including Von Linden's comparative negligence. The trial court allowed the jury to decide their...

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