Tieder v. Little

HUBBART, Judge.

This is a consolidated appeal by the plaintiffs from (1) a final order dismissing a complaint as to one defendant, and (2) a final summary judgment entered in favor of a second defendant, in a wrongful death action. The trial court concluded that the defendants’ alleged negligence was not, as a matter of law, a proximate cause of the death of the plaintiffs’ decedent. For the reasons which follow, we disagree and reverse.

I

The facts of this case, as alleged in the operative complaint and as developed by the discovery and affidavits filed in the record, may be briefly stated as…