DeMeo v. St. Francis Hospital

[176]

Opinion

COMPTON, J.

On November 15, 1968, Elizabeth DeMeo, individually

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and as administratrix of the estate of her husband Anthony DeMeo, brought an action against St. Francis Hospital and several doctors alleging wrongful death due to medical malpractice.

On November 12, 1969, appellant Continental Casualty Company, workmen’s compensation carrier for the deceased’s employer filed a complaint in intervention to recover expenditures for medical and disability benefits paid on behalf of the deceased prior to his death on August 13, 1968.

Prior to trial and without consent of appellant, Mrs. DeMeo settled her individual claim for wrongful death with the various named defendants. Thereafter the trial court ruled that appellant’s complaint in intervention was barred by the statute of limitations and entered judgment for defendants. This appeal followed. We affirm the judgment.

Anthony DeMeo sustained industrial injuries on January 28, and February 21, 1963. For 62 days following March 20, 1963, he was confined to St. Francis Hospital and treated by several doctors. During this treatment he apparently suffered additional injury which produced partial paralysis and led to his death on August 13, 1968. Pursuant to awards of the Industrial Accident Commission (now Workmen’s Compensation Appeals Board), appellant began making payments for compensation and medical treatment, which payments continued until the date of death.

The complaint filed by the widow Mrs. DeMeo, which was the first action taken in connection with the injury allegedly sustained by the deceased at the hands of the hospital and physicians, contained two causes of action. The first cause of action was for individual damages suffered by her as a result of the wrongful death of her husband. In this cause of action there could be no recovery of any special damages incurred by the deceased prior to his death. (Code Civ. Proc., § 377; Prob. Code, § 573;

Gallup

v.