HENRY v. NANTICOKE SURGICAL ASSOCIATES

C.A. No. 05C-02-031 WLW.

931 A.2d 460 (2007)

Arba L. HENRY, Individually and Arba L. Henry, as Executor of the Estate of Paige M. Henry, deceased, Plaintiffs, v. NANTICOKE SURGICAL ASSOCIATES, P.A., a Delaware corp., and Roy T. Smoot, Jr., M.D., Defendants.

Superior Court of Delaware, Kent County.

Decided: May 24, 2007.


Attorney(s) appearing for the Case

William D. Fletcher, Jr., Esquire of Schmittinger & Rodriguez, P.A., Dover, Delaware; attorneys for the Plaintiffs.

Dennis D. Ferri, Esquire of Morris James LLP, Wilmington, Delaware; attorneys for the Defendants.


OPINION

WITHAM, R.J.

Defendant, Roy T. Smoot, Jr. ("Dr. Smoot"), filed a Motion for Summary Judgment against Plaintiffs, Arba L. Henry individually and as executor of the estate of Paige M. Henry, on the ground that there is no genuine issue as to any material fact as it pertains to Dr. Smoot and he is entitled to judgment as a matter of law. Plaintiffs argue that Dr. Smoot offered the Decedent negligent medical advice in a phone conversation during Paige...

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