House v. Gibson

OPINION

McMURRAY, Judge.

This is a wrongful death action. The plaintiff is the decedent’s mother and the defendant is the decedent’s surviving spouse. The plaintiff alleges that the decedent’s death was brought about by an intentional act of the defendant. The defendant asserts that the decedent’s death was accidental and that the plaintiff here has no cause of action against him arising out of the death of his wife nor any standing to maintain this action.

The defendant filed a motion to dismiss pursuant to Rule 12, or in the alternative a motion for summary judgment pursuant to rule 56,…