HUNT EX REL. HUNT v. LINCOLN MEMORIAL HOSP.

No. 02-1151.

317 F.3d 891 (2003)

Joshua HUNT, a minor, by and through his Mother and next friend; Russell G. HUNT; Marla B. Hunt, Plaintiffs/Appellants, v. LINCOLN COUNTY MEMORIAL HOSPITAL, Defendant/Appellee, Healthline Management, Inc.; Jane Doe; Mary Doe; John Doe; Linda Whiteside; Lisa Hanson, Defendants, Benjamin Mark Welch, Dr., Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: January 29, 2003.

Rehearing and Rehearing Denied: March 12, 2003.


Attorney(s) appearing for the Case

Daniel J. McMichael, argued, Chesterfield, MO, for appellant.

Jason L. Call, argued, Jefferson City, MO, for appellee.

Before RILEY, BEAM, and SMITH, Circuit Judges.


Rehearing and Rehearing En Banc Denied: March 12, 2003.

BEAM, Circuit Judge.

Joshua Hunt ("Hunt") appeals the district court's1 grant of judgment as a matter of law in favor of Lincoln County Memorial Hospital ("LCMH") and Dr. Benjamin Mark Welch ("Welch") on Hunt's Emergency Medical Treatment and Active Labor Act ("EMTALA") claim. We affirm.

I. BACKGROUND

When Hunt stepped on a nail in August 1998, he suffered...

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