Moore v. Smith

| Jn this medical malpractice action, William Blake Bailey (“Blake”) and his mother, Rhonda Moore, appeal a judgment dismissing their claims against the Town of Homer following a trial on the merits.

We affirm.

FACTS

On the afternoon of Friday, February 13, 2004, 11-year-old Blake went to the home of his grandmother, Joyce Rawls, with whom he was temporarily living. Rawls gave Blake a Tylenol because he complained of a headache. She recalled that Blake slept most of Saturday. Blake, *325who did not eat regularly that Saturday, began vomiting on Sunday morning.

That Sunday afternoon, Rawls decided to…