The family of a man who died sitting in the emergency room at the Health Sciences Centre is appealing a court ruling declaring he can’t sue because he’s dead.

In a statement today, Brian Sinclair’s family and their lawyer, Vilko Zbogar, said the appeal will be heard on Wednesday.

The statement said the appeal is against the ruling of Court of Queen’s Bench Master Shayne Berthaudin, who last year dismissed the $1.6-million lawsuit in relation to the 45-year-old Sinclair’s death, saying they didn’t have a case because no one other than Sinclair himself could sue.

Sinclair, a double amputee, was found dead in his wheelchair in the hospital’s emergency waiting room on Sept. 21, 2008. After waiting there for 34 hours, he died of a treatable bladder infection caused by a blocked catheter.

A hospital security video showed Sinclair talking to an aide at the emergency room triage desk before he went into the waiting room.