THOMAS v. ST. JOSEPH HEALTHCARE, INC.

Nos. 2007-CA-001192-MR, 2007-CA-001244-MR.

335 S.W.3d 460 (2010)

Larry O'Neil THOMAS, as Administrator of the Estate of James "Milford" Gray, Deceased, and All Lawful Survivors of James "Milford" Gray, Deceased, Appellants, v. ST. JOSEPH HEALTHCARE, INC., d/b/a St. Joseph Hospital, Appellee. and Saint Joseph Healthcare, Inc., Cross-Appellant, v. Larry O'Neil Thomas, as Administrator of the Estate of James "Milford" Gray, Deceased, and All Lawful Survivors of James "Milford" Gray, Deceased, Cross-Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 13, 2011.


Attorney(s) appearing for the Case

Elizabeth R. Seif , Lexington, KY, for appellant.

Robert F. Duncan , Jay E. Ingle , K. Brad Oakley , Lexington, KY, for appellee.

Before CLAYTON, DIXON, and WINE, Judges.


OPINION

WINE, Judge:

In our prior opinion, we set out the facts of this case as follows: The parties vigorously disagree about the facts of this case. However, they agree that James Milford Gray, age 39, arrived at the emergency room of St. Joseph Hospital ("the Hospital") on April 8, 1999, at 8:08 p.m. He was complaining of abdominal pain, constipation for four days, nausea and vomiting. He was seen by physician's assistant Julia Adkins and Dr. Barry...

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