Fain v. Moore

Deen, Chief Judge.

W. A. Fain, Sr. appeals from the grant of summary judgment in favor of Dr. B. W. Moore.

In the present case, it is basically admitted that the plaintiff Fain had a heart attack some years previously and had been treated by the defendant Dr. Moore, who had thereafter seen him on infrequent occasions. The plaintiffs brother brought him to the defendant’s office complaining of certain physical symptoms which were considered in the family to possibly be connected with a small stroke. Dr. Moore spoke with the plaintiff, the brother, and that evening by telephone with the daughter.…