Ruby Lorene Bickham, as Administratrix v. Dr. Fred Y. Grant, et Al.


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Docket Number: 1997-CT-01639-SCT

Supreme Court: Opinion Date: 09-11-2003
Opinion Author: McRAE,
Holding: COURT OF APPEALS' JUDGMENT AFFIRMED AND CASE REMANDED FOR NEW TRIAL AS TO THE CLAIMS ASSERTED AGAINST DOCTORS GRANT AND HARRIS AND RUSH Affirmed and Remanded for new trial

Additional Case Information: Judge(s) Concurring: EASLEY AND GRAVES, JJ., COBB, J.,
Judge(s) Concurring Separately: PITTMAN, C.J.,
Non Participating Judge(s): DIAZ, J.,
Dissenting Author : COBB, J.,
Dissent Joined By : SMITH, P.J., WALLER AND CARLSON, JJ.
Procedural History: Jury Trial
Nature of the Case: Med Mal

Trial Court: Date of Trial Judgment: 09-25-1997
Appealed from: Lauderdale County Circuit Court
Judge: Larry Eugene Roberts
Disposition: The jury found for the Defendants, judgment was entered in accordance with that verdict, and the trial court denied Bickham's motion for a JNOV or a new trial. The Court of Appeals initially affirmed the trial court's judgment. However, on motion of rehearing, the Court of Appeals conducted an extensive review, withdrew its prior opinion, and reversed and remanded for retrial limited to the Bickham's claims against Dr. Grant, Dr. Harris, and Rush Group. The Court of Appeals found that the trial court granted erroneous jury instructions regarding the standard of care.

Note: COURT OF APPEALS' JUDGMENT AFFIRMED AND CASE REMANDED FOR NEW TRIAL AS TO THE CLAIMS ASSERTED AGAINST DOCTORS GRANT AND HARRIS AND RUSH MEDICAL GROUP, P.A.. EASLEY AND GRAVES, JJ., CONCUR. PITTMAN, C.J., SPECIALLY CONCURS WITH SEPARATE WRITTEN OPINION. COBB, J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION JOINED BY SMITH, P.J., WALLER AND CARLSON, JJ. DIAZ, J., NOT PARTICIPATING.

  Party Name: Attorney Name:  
Appellant: RUBY LORENE BICKHAM, AS THE ADMINISTRATRIX FOR THE ESTATE OF TAMARA BICKHAM; CHRISTOPHER MATTHEW BICKHAM; AND CHRISTOPHER MATTHEW BICKHAM, II, A MINOR, BY AND THROUGH HIS NEXT FRIEND, CHRISTOPHER MATTHEW BICKHAM




JAMES A. WILLIAMS



 

Appellee: DR. FRED Y. GRANT, DR. JOHN S. HARRIS, RUSH FOUNDATION HOSPITAL AND RUSH MEDICAL GROUP, P. A. MARK P. CARAWAY WILLIAM B. CARTER  


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