Cement Masons Health & Welfare Trust Fund v. Stone

On December 19, 1995, Kimberly Stone was trying to rescue an injured dog when she was struck and severely injured by a passing car. On January 29, 1996, Ms. Stone was recovering from surgery at Chi-co Community Rehabilitation Hospital when a feeding tube in her abdomen was accidentally dislodged. Hospital staff allegedly reinserted the tube incorrectly, causing a massive infection that resulted in Ms. Stone’s death the next day.

Appellant Cement Masons Health and Welfare Trust Fund (Cement Masons) paid $572,325.80 for Ms. Stone’s medical expenses from the time of the accident until she died. On the day of her death, Raymond Stone, Ms. Stone’s husband and defendant in this action, signed a reimbursement agreement with Cement Masons according to the terms of the Rules and Regulations for the Fund. The agreement required Stone to pursue diligently any claims for medical payments for his wife’s injuries against a third party and to reimburse the Fund if he were to recover from such a third party.

*1005 On December 18, 1996, Ms. Stone’s two minor children, Matthew and Haven Stone, sued the driver of the car through their guardian ad litem, Mary Kay Carlton, 3 seeking damages for…