Sekerez v. Gehring

CHIPMAN, Judge.

This is a wrongful death action brought by Gospava Sekerez, administratrix and widow of Risto Sekerez who died allegedly due to the medical malpractice of Thomas Gehring, M.D. Her complaint was dismissed for failing to state a claim upon which relief can be granted.

We reverse.

On appeal Gospava has raised the following issues:

I. Whether plaintiff’s Second Amended Complaint was sufficient to withstand a 12(B)(6) Motion to Dismiss.

II. Whether the court, after sustaining defendant’s motion to dismiss, should have waited ten (10) days before entering judgment.

III. Whether the…