State, Board of Regents v. Holt

Rees, J.:

By its timely filed petition, the University of Kansas Medical Center sought recovery on an open account for medical and hospital services rendered to defendant Edith Holt (Edith). Defendant Fred Holt (Fred) responded alleging a wrongful death claim in defense. He alleged he is an heir of Edith, who died as the result of plaintiffs negligence in the rendition of the services for which plaintiff seeks recovery. The answer was filed more than two years after Edith’s death.

Setting aside all procedural questions, the case comes before us on an appeal by Fred from a trial court decision…