McKibben v. Mullis

Olly Neal, Judge.

Appellant, Darwin McKibben, appeals from an order of dismissal without prejudice granted by the Washington County Circuit Court to appellee, Dr. R. Jay Mullis. Because appellant’s original complaint was a nullity, we must affirm.

Appellant is the widower of Susan McKibben, who died on September 21, 1998. Appellee was one of Susan McKibben’s treating physicians whose care appellant alleges led to her death. On August 28, 2000, appellant filed a wrongful-death action against appellee and John Does No. 1-10, alleging inter alia that appellee breached the standard of care and was…