Reference no: EM131377880
Rodney and Donna Mathis (Mathis) filed a wrongful death action against St. Alexis Hospital and several physicians, arising out of the death of their mother, Mary Mathis.
Several weeks before trial, an expert consulted by Mathis notified the trial court and Mathis's counsel that, in his opinion, Mary Mathis's death was not proximately caused by the negligence of the physicians. Shortly thereafter, Mathis voluntarily dismissed the wrongful death action. Mathis and St. Alexis entered into a covenant-notto-sue in which Mathis agreed not to pursue any claims against St.
Alexis or its employees in terms of the medical care of Mary Mathis. St. Alexis, in return, agreed not to seek sanctions, including attorney fees and costs incurred in defense of the previously dismissed wrongful death action.
Subsequently, Mathis filed a second wrongful death action against St. Alexis Hospital, among others.
Mathis asked the court to rescind the covenant-not-to-sue, arguing that because St. Alexis was not entitled to sanctions in connection with the first wrongful death action, there was no consideration for the covenant-not-to-sue. Is this contention correct? Explain.
|
What does corroboration mean and why is it important
: Should a person in a phone booth be given the same degree of 4th Amendment protection as a person in his bedroom? As a person in his or her garage? As a person in his or her automobile?What does corroboration mean, and why is it important to a la..
|
|
How to evaluate the products promoted on a web site
: Study the various types of commercially available locknuts.
|
|
Explain will he prevail
: As a result, Collins was forced to take a teaching position at the University of North Dakota at a substantially reduced salary. He sued to recover the difference between the salary Parsons College promised him until 2010 and the amount he earned...
|
|
Examine and sketch several fasteners used in vending machine
: Examine and sketch several fasteners used in vending machines, computers, television sets, and other items that prevent or resist unauthorized removal.
|
|
Is given contention correct in given situation
: Mathis asked the court to rescind the covenant-not-to-sue, arguing that because St. Alexis was not entitled to sanctions in connection with the first wrongful death action, there was no consideration for the covenant-not-to-sue. Is this contention..
|
|
Discuss about the case given below
: This is a summary of events that provides context to the issues discussed in the appeal. This most often includes a summary of events which lead to an arrest and trial of the defendant. It should also include some of the arguments made by the part..
|
|
Explain whether the company will prevail
: The company thereafter discontinued payments, alleging that no contract had been made by the board of directors, because Feinberg had paid no consideration, and that the resolution was merely a promise to make a gift. Explain whether the company w..
|
|
Discuss the validity and effect
: Johnson and Wilson were the principal shareholders in XYZ Corporation, located in the city of Jonesville, Wisconsin.- Discuss the validity and effect, if any, of this agreement.
|
|
What is the fundamental frequency of the ecg signal
: ECET345- What is the fundamental frequency of the ECG signal? Why are there so many components in the spectrum of the ECG signal compared to the sine wave signal?
|