Legal Opinion
Barbara Campbell v. Peter Oliva, M.D.
Court of Appeals for the Sixth Circuit
Decided April 22, 1970No. 19810_1PublishedCited by 16 opinions
1Opinion of the Court
WEICK, Circuit Judge.
The only question in this appeal is whether the District Court erred in granting defendant’s motion for a directed verdict, made at the close of all of the evidence.
The suit was against a plastic surgeon for damages for malpractice in his diagnosis, treatment and surgei’y of plaintiff’s jaw. Jurisdiction was based on diversity of citizenship.
The substantive issues of this case are governed by Tennessee law. The procedural issues are controlled by Federal law. In the Federal Courts, factual issues are decided by the jury and not by the Court. Byrd v. Blue Ridge Rural Elec.…
2Cases cited11 opinions
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
- Haskins v. HowardTennessee Supreme Court · 1929
- Columbus Green v. Reynolds Metals CompanyCourt of Appeals for the Fifth Circuit · 1964
- Ball v. Mallinkrodt Chemical WorksCourt of Appeals of Tennessee · 1964
- Gresham v. FordTennessee Supreme Court · 1951
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body CorporateCourt of Appeals for the D.C. Circuit · 1972
- Hall v. HilbunMississippi Supreme Court · 1985
- Woodruff v. TomlinCourt of Appeals for the Sixth Circuit · 1980
- Peggy Sue O'Neill and David O'neill, Individually and as Husband and Wife v. Vartkes KiledjianCourt of Appeals for the Sixth Circuit · 1975
- Littlejohn v. RoseCourt of Appeals for the Sixth Circuit · 1985
11 more not listed; retrieve them via the Exa API.