Whitchurch v. Perry

The administrator of the estate of Tamara Soon Ja Whitchurch commenced this action in the Washington Superior Court against John D. Perry, M.D., and the Central Vermont Medical Center, Inc., alleging that as a direct and proximate result of their negligence the plaintiff’s decedent suffered bodily injury, great pain, and death. Damages were sought under Vermont’s wrongful death act, 14 V.S.A. §§ 1491-1492, and also under 14 V.S.A. § 1453 which provides, in part, that a cause of action for bodily injury survives the death of the victim. He appeals from an order granting both defendants’…