Legal Opinion · Dissent

Nelson v. Elba General Hospital & Nursing Home, Inc.

Court of Civil Appeals of Alabama

Decided November 17, 2000No. 2990524Published

1DissentThompson, Judge

I conclude that Elba General presented substantial evidence demonstrating the absence of a genuine issue of material fact as to whether Orice Nelson’s death was related to the care and treatment Elba General provided to him. Nelson presented no evidence to rebut that prima facie showing. Elba General supported its motion for summary judgment with the affidavit of Marie Lepore, a registered nurse who was the director of nursing for the nursing home at Elba General. Lepore provided the following information in her affidavit: She stated that she was familiar with the standard of care that exists…

2Cases cited3 opinions

  1. Boshell v. KeithSupreme Court of Alabama · 1982
  2. Chatham v. CSX Transp., Inc.Supreme Court of Alabama · 1993
  3. Pettigrew v. Leroy F. Harris, M.D., P.C.Supreme Court of Alabama · 1993

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