Smith v. Garvin

SHERRI B. SULLIVAN, Chief Judge.

Jody Smith and his mother Cherlyn Smith (collectively Appellants) appeal from an order granting the motion of defendants Paul Garvin, M.D., and St. Louis University Hospital (collectively Respondents) to dismiss Counts III and IV of Appellants’ petition for damages. Because there is no final, appealable judgment, we dismiss the appeal.

The underlying case arises out of a kidney transplant surgery performed by Dr. Paul Garvin at St. Louis University Hospital. Jody Smith was the recipient of a kidney donated by his mother Cherlyn Smith. The donor kidney failed and…