Citizens & Southern Bank v. Swain

Sognier, Judge.

Christine H. Swain, individually and as executrix of the estate of Dixon H. Swain, brought a medical malpractice action against the Citizens and Southern Bank of Albany and Myrtis Rhyne (collectively C & S), the joint executors of the estate of Dr. W. P. Rhyne. C & S moved in limine to exclude certain testimony at trial. The trial court denied the motion, but certified its ruling for immediate review, and we granted C & S’s application for interlocutory review.

The record reveals that while being treated for a knee infection *882in Dr. Rhyne’s office, Dixon H. Swain suffered an…