BAPTIST MED. CENTER MONTCLAIR v. WHITFIELD

1041472.

950 So.2d 1121 (2006)

BAPTIST MEDICAL CENTER MONTCLAIR v. Barbara T. WHITFIELD, as administratrix of the estate of Thelbert D. Whitfield, deceased.

Supreme Court of Alabama.

Rehearing Denied August 11, 2006.


Attorney(s) appearing for the Case

Mark W. Lee, Dorothy A. Powell, and James A. Wyatt III of Parsons, Lee & Juliano, P.C., Birmingham, for appellant.

Shay Samples and Bruce J. McKee of Hare, Wynn, Newell & Newton, LLP, Birmingham, for appellee.


SEE, Justice.

Baptist Medical Center Montclair appeals from the trial court's grant of a new trial following the return of a jury verdict in its favor. We affirm.

Facts

Dr. Scott Pennington admitted Thelbert Whitfield to Baptist Medical Center Montclair ("BMC"); Thelbert was suffering from gallstones and jaundice. Dr. Pennington is BMC's chairman of general surgery.

On January 15, 2001,...

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