Legal Opinion
Phillip Davenport, Jr. v. St. Paul Fire and Marine Insurance Company
Court of Appeals for the Fifth Circuit
Decided December 9, 1992No. 91-1857PublishedCited by 8 opinions
1Opinion of the Court
VAN GRAAFEILAND, Senior Circuit Judge:
St. Paul Fire and Marine Insurance Company (“St. Paul”) appeals from a judgment in favor of Phillip Davenport, Jr. in the amount of $20,125,000. For the reasons that follow, we reverse the judgment and remand to the district court with instructions to dismiss the complaint.
THE FACTS
On June 25, 1984, Judith Yearwood was undergoing relatively low-risk surgery at Methodist Hospital in Hattiesburg, Mississippi. Dr. William Pace was the surgeon and appellee Davenport was the nurse anesthetist. During the operation, something went tragically awry, and Mrs.…
2Cases cited31 opinions
- Commercial Union Assurance Companies v. Safeway Stores, Inc.California Supreme Court · 1980
- Feliberty v. DamonNew York Court of Appeals · 1988
- George J. Fulton v. Isadore HechtCourt of Appeals for the Fifth Circuit · 1978
- Hartford Acc. & Indem. Co. v. FosterMississippi Supreme Court · 1988
- Mitchum v. HudgensSupreme Court of Alabama · 1988
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3Cited by8 opinions
- Cockerham v. Kerr-McGee Chemical Corp.Court of Appeals for the Fifth Circuit · 1994
- Teague v. St. Paul Fire and Marine Ins. Co.Louisiana Court of Appeal · 2009
- Allstate Insurance v. LewisDistrict Court, S.D. Mississippi · 1995
- Davenport (Philip, Jr.) v. St. Paul Fire and Marine Insurance CompanyCourt of Appeals for the Fifth Circuit · 1993
- Jenkins v. Director, TDCJ-CIDDistrict Court, E.D. Texas · 2022
3 more not listed; retrieve them via the Exa API.