Hodgdon v. Beatrice D. Weeks Memorial Hospital

The issues involved in this appeal are (1) whether the Trial Court (DiClerieo, J.) erred when it denied a motion to dismiss for failure to commence suit before the statute of limitations expired, (2) whether it erred when it allowed the late entry of the plaintiffs wrongful death writ, and (3) whether the plaintiff could maintain a breach of contract action for treatment that allegedly contributed to the death of her decedent. We hold (1) that the motion to dismiss the wrongful death writ should have been granted because the statute of limitations had run, (2) that the allowance of the late…