Samuelson v. McMurtry

OPINION

REID, Justice.

This is a medical malpractice case, which began as a suit against several defendants, only one of whom, Mark S. Totty, is before the Court on appeal. In a divided opinion, the Court of Appeals sustained the defendant’s pleas of res adjudicata and collateral estoppel and pretermitted all other issues. The dissenting judge would have found that the trial court erred in severing and dismissing the plaintiffs claim against the defendant Totty and would have remanded the case for retrial. This Court finds that the trial court erred but the determinative issues were not…