Legal Opinion

Smith v. Botsford General Hospital

District Court, E.D. Michigan

Decided March 8, 2004No. 00-71459PublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER ON DEFENDANT’S MOTION FOR REMITTI-TUR AND/OR NEW TRIAL

COHN, District Judge.

I

A

This is an action under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd (EMTALA), tried to a jury under Michigan’s Wrongful Death Act, M.C.L. § 60Ó.2922. Plaintiff Andrea Smith (Smith), the Executor of the Estate of Kelly Snider Smith, claims that defendant Botsford General Hospital (Botsford) transferred Kelly Smith to the University of Michigan Medical Center before stabilizing his medical condition, in violation of EMTALA.

At the conclusion of fifteen days of trial in…

2Cases cited18 opinions

  1. Capital Traction Co. v. HofSupreme Court of the United States · 1899
  2. Betty ROUSH, Plaintiff-Appellee, v. KFC NATIONAL MANAGEMENT COMPANY, Defendant-AppellantCourt of Appeals for the Sixth Circuit · 1994
  3. Therese A. Farber v. Massillon Board of EducationCourt of Appeals for the Sixth Circuit · 1990
  4. Koster v. Trans World Airlines, Inc.Court of Appeals for the First Circuit · 1999
  5. Antonio Lebron v. United States of America, United States of AmericaCourt of Appeals for the Fifth Circuit · 2002

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3Cited by1 opinion

  1. Sandoval v. Baker Hughes Oilfield Operations, Inc.New Mexico Court of Appeals · 2009

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