[Download] "State Missouri v. Hon. Carl R. Gaertner" by Supreme Court of Nebraska # eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Hon. Carl R. Gaertner
- Author : Supreme Court of Nebraska
- Release Date : January 12, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Lourine Brown died on April 27, 1978 while a patient at Malcolm Bliss Mental Health Center in the City of St. Louis. On April 9, 1979 Jerome and Theresa Riley, minors, by and through their next friend, Theodis Brown, filed a petition seeking damages for the wrongful death of Lourine Brown, their mother. Count I of their petition alleged medical malpractice in the administration to Mrs. Brown of the drug, sodium amytal, and named six doctors as defendants. In Count II plaintiffs sought damages from Eli Lilly and Company, manufacturer of the drug, on the grounds that the drug administered to Mrs. Brown which plaintiff claims caused her death was "not reasonably safe when put to use reasonably anticipated." Defendant Lilly answered and filed a cross-claim against the doctors seeking a determination of relative fault. Three of the named doctors filed motions to dismiss both the plaintiffs petition and Lillys cross-claim. Defendants motion to dismiss plaintiffs petition was sustained on the grounds that the doctors are public officials clothed with official immunity. The court stated that it would also dismiss Lillys cross-claim on the same grounds within twenty days from argument of defendants motion to dismiss that cross-claim. At the same time the court set aside its previous order dismissing plaintiffs petition, such order to be held in abeyance for twenty days to allow plaintiffs and Lilly to file their petition for a writ of prohibition with this court. Both writs, treated on a consolidated basis, were preliminarily granted.