Milford Memorial Hospital, Inc. v. Elliott

HERRMANN, Justice:

The question for decision upon this appeal is whether the Delaware Wrongful Death Act gives a widower a right of action for damages for negligence causing the death of his wife where, at the time of her death, her right of action for the same negligence would have been barred by the applicable Statute of Limitations.

The complaint, filed on December 31, 1963, alleges that the plaintiffs wife was injured on August 12, 1959, as a result of the defendant’s negligence, when she slipped and fell in the defendant’s hospital. The complaint further alleges that the plaintiffs wife…