Pitzer v. Smith

Opinion

DALSIMER, J.

This is an appeal from an order dismissing appellant’s (hereinafter plaintiff) action for wrongful death following the sustaining by the trial court of respondent’s (hereinafter defendant) general demurrer to plaintiff’s complaint. A judgment sustaining the demurrer without leave to amend was entered subsequent to entry of the order of dismissal.

„ Facts

The complaint in the superior court alleged the wrongful death of a minor, Ryan Pitzer. Donald Pitzer, the plaintiff, is the executor of the decedent’s estate. The minor died on April 4, 1978, allegedly as a result of his…