McCloskey v. Kane

OPINION BY Senior Justice ROSCOE B. STEPHENSON, Jr.

In this appeal, we decide whether the trial court erred in dismissing the plaintiff's negligence action based upon the doctrine of sovereign immunity.

I

Carl F. McCloskey, Administrator of the Estate of John W. McCloskey (the Plaintiff), filed a wrongful death action against Timothy Kane, M.D. (the Defendant), alleging that John W. McCloskey (the Decedent) died "as a result of the negligence... of [the Defendant], who committed malpractice while treating [the Decedent]." The Defendant filed a plea of sovereign immunity. By order entered…