Moody v. Sanders

RUSSELL, Judge.

Dr. Max Moody III petitions for a writ of mandamus directing the circuit court to grant his motion for partial summary judgment to limit Robert Lee Sanders’s recovery to $1,500 on a medical malpractice counterclaim filed in the small claims court.

The following facts are asserted in the petition for mandamus:

On May 14, 1990, Dr. Moody, a licensed dentist practicing in Tuscaloosa, filed a complaint against Sanders in the Small Claims Court of Tuscaloosa County, seeking $280 allegedly due and owing for dental treatment rendered in September 1989. Sanders filed an answer of denial…