Mary Frances Whitehurst, Etc. v. The Charles Town Hospital and L. Mildred Williams, M. D.

HOWARD, District Judge:

Mary Frances Whitehurst and John Hoyle Whitehurst brought this diversity action against The Charles Town Hospital and L. Mildred Williams, M. D., for the wrongful death of their infant daughter. The district court granted motions to dismiss for lack of subject matter jurisdiction. The Whitehursts appealed.

We affirm.

I

On December 31, 1975, Mary Frances Whitehurst, a resident and citizen of Virginia, was treated for abdominal cramps by her obstetrician, Dr. Harold Gist. Dr. Gist practices and resides in Maryland, and treated Mrs. Whitehurst in that state.

On her way home,…