Holley v. Burroughs Wellcome Co.

EAGLES, Judge.

I

Plaintiffs contend that it was error to allow defendants’ motions for summary judgment because genuine issues of fact exist that must be submitted to the jury. We agree.

Plaintiffs’ specific contentions are (1) that there is an issue of fact as to the credibility of defendants’ deposition witness, Dr. Hooper, that presents a jury question; (2) that Dr. Hooper was not the only person whose failure to recognize the symptoms of malignant hyperthermia was critical to the treatment of E. L. Holley; and (3) that there is a factual question as to the causal relationship between…