Smith v. Columbus Community Hospital, Inc.

The plaintiff, Barbara Smith, personal representative of the estate of Baby Boy Smith, deceased, appeals the dismissal of the plaintiff’s amended petition against Columbus Community Hospital, Inc. The hospital demurred to Smith’s petition. When the hospital’s demurrer was sustained and the plaintiff elected not to replead by further amended petition, plaintiff’s action was dismissed by order of the district court for Platte County. From such dismissal plaintiff appeals. “On reviewing the sustaining of a demurrer, this court must treat as undisputed the facts as alleged in the petition.”…