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