Smith v. St. Paul Fire & Marine Insurance

Sam BIRD, Judge.

During November 4-8, 1996, Lydia Shepherd received medical care from St. Bernard’s Regional Medical Center. She died on November 8, 1996. On November 4, 1998, her daughter, Kelly Smith, and other heirs brought a wrongful-death and a survival claim against St. Paul Fire and Marine Insurance Co., the insurance provider for St. Bernard’s. The heirs nonsuited these claims on February 19, 1999. The case at bar, alleging the same claims, was filed by appellant Kelly Smith, as purported administratrix of Lydia’s estate, on February 18, 2000. However, she was not appointed…