Schiles v. Gaertner

REINHARD, Judge.

Relators seek to make permanent our preliminary order of prohibition which prevents respondent-judge from enforcing his order of July 13, 1983. In that order, the respondent-judge declared his intent to compel relators, plaintiffs in the underlying suit, to elect which of their number should maintain an action for wrongful death. We make our preliminary order absolute, and thereby prohibit the respondent from enforcing his order.1

This proceeding in prohibition arises from an alleged case of medical malpractice which resulted in the death of James Sehi-les. The plaintiffs named…