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JOHNS v. JARRARD

No. 89-8930.

927 F.2d 551 (1991)

Darlene JOHNS and Steve Johnson, Parents of Olivia Johns, Deceased, Plaintiffs-Appellants, v. G. Truett JARRARD, Jr., M.D., Defendant, David G. Fisher M.D., and J.J. Thomasson, M.D., Defendants-Appellees, Newnan Hospital, Defendant-Cross-Claimant-Appellee, Coastal Emergency Service, Inc., Defendant-Cross-Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 25, 1991.

Attorney(s) appearing for the Case

Ronald L. Hilley, Tucker, Ga., for plaintiffs-appellants.

Theodore E.G. Pound, Lisa Joan Fellner, Alston and Bird, Atlanta, Ga., for Fisher and Coastal Emergency Service.

David H. Tisinger, Paul E. Weathington, Kevin Buice, Tisinger, Tisinger, Vance and Greer, Carrollton, Ga., for Thomasson and Jarrard.

Sidney F. Wheeler, Stephen H. Sparwath, Debra LeVorse, Long, Weinberg, Ansley & Wheeler, Atlanta, Ga., for Newnan Hosp.

Before JOHNSON and HATCHETT, Circuit Judges, and DYER, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In this wrongful death action against physicians, a physician supply company, and a hospital, we determine that a new trial is required because the district court improperly answered a question from the jury during the jury's deliberations.

FACTS

On June 29, 1986, at approximately 4 p.m., Olivia Johns fell off her bicycle. At approximately 4:20 p.m., Olivia Johns' grandfather, Clifford Johns, took her to Newnan Hospital,...

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