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STEVISON BY COLLINS v. ENID HEALTH SYSTEMS, INC.

No. 89-6098.

920 F.2d 710 (1990)

Tawina K. STEVISON, a minor, by her guardian ad litem David COLLINS, Plaintiff-Appellant, v. ENID HEALTH SYSTEMS, INC., a Delaware corporation, doing business as Enid Memorial Hospital; Community Health Systems, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 3, 1990.

Attorney(s) appearing for the Case

Alec McNaughton of McNaughton & McNaughton, Enid, Okl. (Susan McNaughton of McNaughton & McNaughton, Enid, Okl., and George Braly of Braly & Braly, Ada, Okl., with him on the brief), for plaintiff-appellant.

G. Scott Ray (Glen D. Huff with him on the brief) of Foliart, Huff, Ottaway & Caldwell, Oklahoma City, Okl., for defendants-appellees.

Before BALDOCK, BARRETT, and EBEL, Circuit Judges.

PER CURIAM.

Plaintiff Tawina K. Stevison, a minor, by her next friend David Collins, appeals from the entry of a jury verdict in favor of defendant Enid Health Systems, Inc. on her claim brought pursuant to 42 U.S.C. § 1395dd(a). Specifically, plaintiff asserts the district court erred in submitting a jury instruction which improperly shifted her burden of proof under the statute. We agree and remand the case for a new...

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