BARRINGER v. BAPTIST HEALTHCARE OF OKLAHOMA

No. 94,121.

22 P.3d 695 (2001)

2001 OK 29

Richard BARRINGER, Plaintiff, v. BAPTIST HEALTHCARE OF OKLAHOMA d/b/a Blackwell Regional Hospital, Third-Party Plaintiff/Appellant, v. R.F. Morgan, M.D., Third-Party Defendant/Appellee.

Supreme Court of Oklahoma.

April 3, 2001.


Attorney(s) appearing for the Case

Brian E. Dittrich, Linda M. Szuhy, Tulsa, OK, for Appellant.

K. Clark Phipps, Christine M. Benson, Tulsa, OK, for Appellee.


BOUDREAU, Justice:

¶ 1 The issue in this appeal is whether the doctrines of waiver and estoppel bar the defendant hospital's claim for contribution from the treating physician. We hold the hospital's contribution claim is not barred.

I. FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On June 16, 1993, plaintiff Richard Barringer (plaintiff), then sixteen years old, lost control of the Ford Bronco he was driving...

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