Smith v. A.H. Robins Co.

CLARK, Chief Judge.

This case presents various questions associated with an attempt by a plaintiff in an action for damages based on negligence to dismiss the cause without prejudice after the trial court had indicated its intention to sustain a defendant’s motion for summary judgment. The procedural aspects of the case will be discussed, primarily for the edification of the parties and the trial court, but the ultimate disposition must be a dismissal of the appeal because the judgment in question lacks finality.

Appellant Norma Smith filed a medical malpractice suit on May 1, 1984 against A.H.…