Gabehart

Carole Gabehart appeals from summary judgment entered on her complaints for the wrongful death of her adult son.

I

Facts

Thirty-two year old Kenneth Rick Gabehart was seriously injured in a fall on the outside stairway of his rented apartment. He received medical treatment from Henry Bisaccia, M.D. and National Medical Group, Inc., but died from internal hemorrhaging two months after the fall. His mother, Carole Gabehart, brought an action for her son’s wrongful death against the apartment owners, Bent P. Simonsen and Professional Real Estate Management (No. SOC67834) alleging negligent maintenance of the stairway railing, and a separate wrongful death action against the doctor and medical group (No. SOC69262) alleging medical malpractice.

A wrongful death action based on the same facts was also filed against these defendants on behalf of 12-year-old Kenneth Christopher Gabehart by his mother, Diana Schmidt (No. SOC71438), in which it was alleged that Kenneth Christopher was the natural son of the decedent. All three actions were consolidated for trial.

Defendant property owners moved for summary judgment against decedent’s mother, Carole Gabehart, on the grounds…