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Mathis v. St. Alexis Hosp.12/5/1994
NAHRA, Chief Justice.
In this consolidated appeal, Rodney D. Mathis, as administrator of the estate of Mary Mathis et al., plaintiffs-appellants, challenge the trial court's grant of summary judgment in a wrongful death action filed in connection with the death of Mary Mathis. Rodney Mathis filed a wrongful death action against St. Alexis Hospital and several of its physicians, including Keyhan Mobasseri, M.D., defendants-appellees. Mathis also filed a medical malpractice action against Mobasseri. The two cases were consolidated by the trial court. Because of a previously executed covenant not to sue, the trial court granted summary judgment in the wrongful death action against all defendants except Mobasseri, who was not a party to the covenant no, to sue. Although Mathis filed two notices of appeal, his assigned error pertains only to the grant of summary judgment in the wrongful death action. All claims against Mobasseri remainespending and are not part of this appeal. Mathis assigns the following error for review:
"The trial court erred in granting summary judgment to defendants-appellees, finding that plaintiffs-appellants' promise not to sue defendants-appellees, for which promise plaintiffs-appellants received no benefit and defendants-appellees incurred no detriment, was an enforceable contract supported by adequate consideration."
After reviewing the record and the arguments of the parties, we affirm the decision of the trial court. The apposite facts follow.
On June 6, 1990, Mary Mathis died of a ruptured aortic dissection at St. Alexis Hospital. She had been admitted to the emergency room the previous day after complaining of acute abdominal pain and paralysis of her legs.
On May 29, 1991, Mary Mathis' son and daughter, Rodney and Donna (hereinafter referred to as "Mathis"), filed a wrongful death action against St. Alexis Hospital and several of the physicians who treated Mary Mathis. Several weeks before trial, an expert consulted by Mathis notified the trial court and Mathis' counsel that, in his opinion, Mary Mathis' death was not proximately caused by the negligence of the physicians. Shortly thereafter, Mathis voluntarily dismissed the wrongful death action.
On October 1, 1992, Mathis and St. Alexis Hospital entered into a covenant not to sue. The agreement was signed by Rodney and Donna Mathis, as well as their attorney J. Norman Stark. Mathis agreed not to pursue any claims against St. Alexis or its employees arising from the medical care of Mary Mathis. St. Alexis agreed not to seek attorney fees and costs incurred in the defense of the voluntarily dismissed wrongful death action. The covenant not to sue contained the following language:
"NOW, THEREFORE, in consideration of' the forbearance of St. Alexis Hospital Medical Center not seeking attorney fees and costs which have been expended in defending this action, namely Rodney D. Mathis, etc., Plaintiff v. St. Alexis Association, Inc., et al., Defendants, Cuyahoga County Common Pleas Court, Case No. 211807, which is hereby acknowledged, these parties, Mathis, through the covenant herein recited shall cease and desist from suing or pursuing any claims against St. Alexis Hospital Medical Center herein, arising from the medical care and treatment afforded to Mary J. Mathis, Deceased, by St. Alexis Hospital Medical Center, including its employees, nurses and house physicians, and this agreement and settlement covers and encompasses all such medical care and treatment rendered by St. Alexis Hospital Medical Center without restriction as to time and place."
On September 22, 1993, Mathis filed a medical malpractice actio
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