EVINGTON v. FORBES

No. 83-1281.

742 F.2d 834 (1984)

James E. EVINGTON and Joyce T. Evington, Appellants, v. Harry Lee FORBES, III, Defendant, v. ST. LUKE'S HOSPITAL, INC., individually, and St. Luke's Hospital, Inc., d/b/a Emergency Medical Services, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 12, 1984.


Attorney(s) appearing for the Case

Harry DuMont, Asheville, N.C. (J. Bruce Foster, Stanley T. Case, Butler, Means, Evins & Browne, Spartanburg, S.C., on brief), for appellants.

James N. Golding (Morris, Golding & Phillips, Asheville, N.C., on brief), for appellees.

Before WINTER, Chief Judge, WIDENER, Circuit Judge, and PECK, Senior Circuit Judge.


WIDENER, Circuit Judge:

This is an appeal from a grant of judgment for the defendant, St. Luke's Hospital, notwithstanding a verdict for the plaintiff in the district court. The Hospital was the employer of the other defendant, Harry Lee Forbes, III, who is not involved in this appeal. The jury, by special verdict, found that Forbes was acting as an agent of the defendant at the time of the accident for which he was found...

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