Frost v. Hardin

Foth, J.:

The issue in this case is whether a wrongful death action by the minor children of a deceased father is barred by the statute of limitations because such an action would be barred if brought by their widowed mother. The question is one of first impression in this state. On defendants’ motion the trial court dismissed the action and plaintiffs have appealed. We reverse.

Plaintiffs’ father, Abe Frost, died on September 6, 1969, allegedly as the result of malpractice by the defendant surgeons, Creighton A. Hardin and Charles Damico. At that time plaintiff Victor Frost was fifteen years…