Rodney and Donna Mathis (Mathis) filed a wrongful death action against St. Alexis Hospital and several physicians, arising out of the death of their mother, Mary Mathis
Rodney and Donna Mathis (Mathis) filed a wrongful death action against St. Alexis Hospital and several physicians, arising out of the death of their mother, Mary Mathis. Several weeks before trial, an expert consulted by Mathis notified the trial court and Mathis’s counsel that, in his opinion, Mary Mathis’s death was not proximately caused by the negligence of the physicians. Shortly thereafter, Mathis voluntarily dismissed the wrongful death action. Mathis and St. Alexis entered into a covenant-not-to-sue in which Mathis agreed not to pursue any claims against St. Alexis or its employees in terms of the medical care of Mary Mathis. St. Alexis, in return, agreed not to seek sanctions, including attorneys’ fees and costs incurred in defense of the previously dismissed wrongful death action. Subsequently, Mathis filed a second wrongful death action against St. Alexis Hospital, among others. Mathis asked the court to rescind the covenant-not-to-sue, arguing that because St. Alexis was not entitled to sanctions in connection with the first wrongful death action, there was no consideration for the covenant-not-to-sue. Are they correct in this contention? Explain.
Hospital S has proclaimed the contract with good faith in the binding of a refrained claim. Hospital S has made a claim based on Individual M's unsuccessful attempt to provide an actual cause for claiming wrongful death action. Revoking the claim of Individual M is sufficient consideration for the case.
Individual M is incorrect as based on unilateral contracts clause for consideration and the verdict is given in the favor of Hospital S. The consideration in the contract is to refrain from holding an assertion, which is legally sufficient when done in good faith. Individual M has claimed the fees paid for the solicitor. Based on civil law, claims can be made on the individuals for solicitor fees. Hospital S can claim the charges from Individuals M.