O'Sullivan v. Rhode Island Hospital, 02-2981 (2003)

DECISION

This matter is before the Court on Defendants' Motion to Dismiss, brought pursuant to Super. Ct. R.Civ.P. 12(b)(6). They assert that the Plaintiff's Complaint is time barred, pursuant to Rhode Island's wrongful death statute, G.L. 1956 § 10-7-2 ("Persons who may bring actions-Limitation of actions-Minimum recovery period.").

Facts and Travel

In this wrongful death action, the plaintiff, Thomas Noel O'Sullivan (Plaintiff), has filed suit on his behalf, on behalf of his deceased spouse's estate, and on behalf of their three minor children, alleging medical malpractice. He has sued Rhode…