Goncaves v. Saab

Following my original dissenting opinion to the original majority opinion, both of which were withdrawn upon the granting of plaintiff-appellant Concaves’ petition for rehearing, upon rehearing I again dissent.

The summary judgment dismissing plaintiffs’ complaint against the defendant, Dr. Salim B. Saab, the thoracic surgeon at defendant St. Anne’s Hospital who was on call when the decedent was administered emergency treatment there by the emergency room physician, Dr. David L. Mayor, was based on Dr. Saab’s affidavit and deposition testimony that he did not receive a telephone call from the…