Kelmis Ex Rel. Kelmis v. Cardinal Petroleum Co.

STRUTZ, Judge.

This is an action for the wrongful death of Charles Kelmis, the plaintiff’s husband, brought by the plaintiff as the surviving wife, for herself and for the use and benefit of the five surviving minor children of the plaintiff and the deceased.

Pursuant to a written motion by the plaintiff, the trial court ordered the issues of liability and damages tried separately, and thereafter proceeded to try the issue of liability. After hearing on this issue, the court ordered that the plaintiff’s action be dismissed. From judgment entered pursuant to such order, the plaintiff has…