Robbins v. Physicians for Women's Health, LLC
Annotate this CasePlaintiff's newborn son died shortly after Plaintiff gave birth. Plaintiff, as administratrix of the estate of her son, later brought a medical malpractice action against her obstetrician and nurse midwife and their employer ("Hospital"). Because Hospital was sold to Defendants nine months after the events leading to the present action, Plaintiff also sued Defendants under a theory of successor liability. After reaching a settlement and executing two covenants not to sue, Plaintiff withdrew her claims against Hospital and its employees. The trial court granted summary judgment for Defendants, concluding that the covenant not to sue Hospital prevented Plaintiff from seeking to recover from Defendants. The Appellate Court reversed. The Supreme Court reversed the Appellate Court, holding that Plaintiff’s execution of the covenant not to sue Hospital in perpetuity foreclosed, as a matter of law, her right of action against Hospital and against any subsequent purchaser of Hospital’s assets under the mere continuation theory of successor liability.
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