Dempsey v. Bradley Center, Inc.

Marshall, Judge.

Appellants filed their complaint alleging that appellees proximately caused the death of one Mary G. Dempsey through the negligent performance of medical treatment. Appellees filed their answer asserting as a defense a release signed by Mary G. Dempsey. Following the filing of an amended complaint, appellants filed a motion to strike the asserted defense of release. On the hearing of the motion to strike the defense, the trial court, on April 26,1976, denied the motion to strike. That same day, April 26, .1976, the trial court granted a certificate of immediate review.…