Welke v. Kuzilla

Plaintiff appeals as of right from the grant of defendant Dr. Bradford Capper’s motion for partial summary judgment dismissing plaintiff’s medical malpractice count for failure to state a claim upon which relief could be granted.

On October 13, 1981, plaintiff filed a wrongful death action against defendant Sharlyn Kuzilla alleging that she negligently caused the death of plaintiff’s decedent and wife, Judith Welke. Plaintiff’s wife was killed when the automobile Kuzilla was driving, which was owned by defendant Dr. Bradford Capper, crossed the center line and collided with the vehicle…