Andersen v. Barton Memorial Hospital, Inc.

Opinion

SIMS, J.

The issue here is whether an alleged heir whose cause of action for wrongful death (Code Civ. Proc., § 377) 1 is barred by the statute of limitations (§ 340.5) may nonetheless participate in a wrongful death action, timely filed by other heirs of the deceased, by way of a complaint in intervention. We conclude the statute of limitations bars the cause of action asserted by the intervener.

Factual and Procedural Background

Delores Andersen died on August 17, 1980. Her death was allegedly due to the negligent care and medical malpractice of defendants Frank Hem-brow, M.D., and…