Helling

Plaintiffs appeal from a summary judgment in favor of defendants in an action for damages for wrongful death.

The decedent, Donald C. Helling, was injured in an automobile accident when the car he was driving was struck by one driven by Keith Hickson and owned by Eric Hollomby. Following the accident Helling was taken by ambulance to a hospital in Needles owned and operated by the City of Needles. At the hospital Helling was treated by Dr. D. L. Richardson. Helling died the next day. His widow and minor children brought the instant action against Hollomby and Hickson’s estate. They also brought separate malpractice actions against the City of Needles and Dr. Richardson alleging that their negligence aggravated the injuries received by Helling in the automobile accident and that such negligence proximately caused his death.

Plaintiffs compromised and settled their actions against the City of Needles and Richardson for $250,000. As a result of such settlement these actions were dismissed. In the present action defendants affirmatively plead that the action is barred by reason of such compromise and settlement. They assert that the termination of the malpractice actions…