Marsh v. Hill Haven Corp.

LAURA DENVIR STITH, Judge.

Plaintiffs-Appellants Sherry Bradley and Frances Marsh, the personal representative and heirs of the deceased Emma Daly, appeal the trial court’s dismissal of their survival action against defendant Hill Haven Corporation. Plaintiffs contend that the trial court erred in requiring them to elect between submission of a survival claim and submission of a wrongful death claim pursuant to the doctrine requiring an election between inconsistent theories. They submitted the wrongful death claim and the jury returned a verdict for Defendant.

Plaintiffs contend however that…