Huebner v. Deuchle

HOWARD, Judge.

The appellant, administratrix of the estate of Ella Mae Deuchle, is the plaintiff in a wrongful death action against several named defendants including appellee, surviving spouse of the decedent. The action arose out of a collision between the vehicle operated by the husband in which the decedent was a passenger and another vehicle operated by defendant Kern and owned by defendant Pfeifer.

Deuchle moved to dismiss the complaint as to him on the ground that it failed to state a claim for relief. His position was that the wrongful death action was barred since the decedent-wife…