Caldwell v. Lester E. Cox Medical Centers-South, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that addition of another plaintiff in third amended petition to assert lost chance of survival claim is “tantamount to the filing of a new claim” and does not relate back to the original petition as to save the new action from the statute of limitations
• holding father’s amendment adding son’s lost chance of survival claim in father’s capacity as plaintiff ad litem did not relate back to original wrongful death claim filed in father’s individual capacity
• claim for lost chance of survival by appointed plaintiff ad litem could not relate back to action filed by same individual in his individual capacity as the decedent’s father
• “[D]eath resulting from any tortious act gives rise to a right of action for wrongful death rather than a personal tort.”
• despite defendants’ failure to specifically plead statute of limitations as affirmative defense in their answers, holding that defendants adequately preserved issue when they raised it in motions to dismiss

Source: CourtListener parenthetical corpus (CC0).