I. Background Facts and Proceedings.
In September 2004, Kenneth Pullen suffered a heart attack while at his home in Villisca. He was first taken to Montgomery County Hospital in Red Oak and then transferred to Methodist Hospital in Omaha, Nebraska. Kenneth died several days later while undergoing a “fairly routine” surgery at Methodist Hospital, when air entered his coronary artery system. He was fifty-three years old. He was survived by his spouse, Vicki Pullen; their minor children, Brittney and Courtney; their adult child, Ryan; and four adult children from a prior marriage, Frank, Jodie, Allan, and Sheila. The adult children, except Ryan, are the appellants in this case.
Kenneth died without a will. Vicki opened a probate estate in Pottawattamie County and was appointed administrator. In her representative capacity as administrator, Vicki filed a wrongful death and medical malpractice action in Nebraska district court under the Nebraska Medical-Hospital Liability Act against Kenneth’s treating physician and various Nebraska medical facilities. The wrongful death claim was settled in February 2010 for a confidential amount. Vicki filed an application for authority to settle the claim with the Iowa district court. The district court approved the terms of the settlement. Because of the confidentiality of the settlement, it is unclear whether deductions were made for court costs and attorney fees. Regardless, the remaining amount of the settlement is currently the only asset in dispute.
Judge(s): David Danilson
Jurisdiction: Iowa Court of Appeals
Related Categories: Civil Procedure , Torts , Wills / Trusts / Estates
|Trial Court Judge(s)|
|Court of Appeals Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Alan Olson||Olson Law Office|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|John French||Law Offices of John M. French|
|John Rasmussen||Peters Law Firm PC|