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HEALTH CARE AUTHORITY FOR BAPTIST v. DAVIS

1090084.

158 So.3d 397 (2013)

HEALTH CARE AUTHORITY FOR BAPTIST HEALTH, an affiliate of UAB Health System, d/b/a Baptist Medical Center East v. Kay E. DAVIS, as executrix of the estate of Lauree Durden Ellison, deceased.

Supreme Court of Alabama.

As Modified on Denial of Rehearing February 28, 2014.

Attorney(s) appearing for the Case

Bernard Harwood, Jr. , of Rosen Harwood, P.A., Tuscaloosa; Oakley Melton, Jr. , Joe Espy III , James E. Williams , and J. Flynn Mozingo of Melton, Espy & Williams, PC, Montgomery; and Pamela B. Slate and Sabrina L. Comer of Slater Carter Comer PLLC, Montgomery, for appellant.

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

Sybil V. Newton and Randal H. Sellers of Starnes & Atchison LLP, Birmingham, for amicus curiae Board of Trustees of the University of Alabama, in support of the appellant.

Lawrence T. King of King Lyons, LLC, Birmingham; and William Powell of Powell & Denny, P.C., Birmingham, for amici curiae AFL-CIO Alabama, Becky Skinner, and Power & Denny, P.C., in support of the appellee's application for rehearing.

David G. Wirtes, Jr. , and George M. Dent III of Cunningham Bounds, LLC, Mobile, for amici curiae Unaffiliated Alabama Educators, Lawyers, and Retired Judges, in support of the appellee's application for rehearing.

Sybil V. Newton and Randal H. Sellers of Starnes Davis Florie LLP, Birmingham, for amicus curiae Board of Trustees of the University of Alabama, in opposition to the application for rehearing.

Leila H. Watson , Ernest Cory , and Annesley H. DeGaris of Cory Watson Crowder & DeGaris, P.C., Birmingham, amicus curiae Alabama Association for Justice, in support of the appellee's application for rehearing.

On Application for Rehearing

This medical-malpractice case is before us on rehearing. This Court previously issued an opinion (1) vacating the judgment of the Montgomery Circuit Court in favor of Kay E. Davis, as executrix of the estate of Lauree Durden Ellison, deceased...

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