Bain Ex Rel. Estate of Bain v. Self Memorial Hospital

Sanders, Chief Judge:

This is a wrongful death action by the executor of the estate of Nannie S. Bain, appellant, against Self Memorial Hospital, respondent. The trial judge excluded certain testimony offered by appellant as being hearsay and ordered nonsuit in favor of respondent. We reverse.

I

We first address the argument of the Hospital that this appeal should be dismissed for lack of appellate jurisdiction. The Hospital argues that an order for nonsuit is not a final determination of a case on its merits because it is not a bar to further litigation and, for this reason, is not appealable.

Wh…