Elliott v. Milford Memorial Hospital, Inc.

DUFFY, President Judge.

This is a statutory suit by a husband, Roland S. Elliott, against Milford Memorial Hospital, Inc., (“Hospital”) for the wrongful death of his wife. The suit is under what is known historically as Lord Campbell’s Act and which is in the Delaware Code at 10 Del.C. Sec. 3704(b). It is up for decision upon a motion to dismiss the complaint which alleges the following:

Theo B. Elliott (“Theo”) was injured on August 12,1959 when she fell in the Milford Memorial Hospital. She died on January 2,1962. She did not sue the Hospital during her lifetime. Both the fall and death were…