Douglas E. Samuelson, as the Natural Father and Personal Representative of Kevin L. Samuelson, v. Cecil E. McMurtry, M.D., et al.

In this wrongful death case we have determined that when the plaintiffappellant accepted a jury verdict finding the decedent was forty-nine percent at fault, that finding became binding in the appeal of the trial judge’s action in dismissing another defendant on the day of the trial. We, therefore, pretermit the issues raised by the appellant and affirm the judgment below.