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BANKS v. MEDICAL UNIVERSITY OF S.C.

No. 24071.

444 S.E.2d 519 (1994)

Barbara BANKS, Individually and as Personal Representative of the Estate of Phaedra Banks, Appellant, v. MEDICAL UNIVERSITY OF SOUTH CAROLINA, Fred W. Tecklenburg, Thomas P. Cochran, Henry B. Otherson, Jr., Martha S. Wright, Melinda K. Bailey and Helen Read, Respondents.

Supreme Court of South Carolina.

Decided May 23, 1994.

Attorney(s) appearing for the Case

Calvin A. Rouse, North Augusta, for appellant.

Lucinda Jenkins Haley and Stephen P. Groves, Charleston, for respondent Read.

M. Dawes Cooke, Jr., Charleston, for respondent Medical University,

Elliott T. Halio, Charleston, for respondents Tecklenburg, Wright and Bailey.

E. Douglas Pratt-Thomas, Charleston, for respondents Cochran and Otherson.

CHANDLER, Acting Chief Justice:

On appeal is an Order granting summary judgment to Respondents on Appellant's causes of action for breach of contract, battery, and deprivation of civil rights under 42 U.S.C.A. § 1983. We affirm in part and reverse in part.

FACTS

Appellant Barbara Banks (Banks) brought her 8 year old daughter, Phaedra, to Respondent Dr. Read's office on December 8, 1989. The child was suffering from respiratory distress...

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