Legal Opinion

James Davis v. M. J. Duplantis, M.D., and W. Hammond Newman, M.D.

Court of Appeals for the Fifth Circuit

Decided September 16, 1971No. 30991PublishedCited by 60 opinions

1Opinion of the Court

RONEY, Circuit Judge:

This medical malpractice case against two doctors resulted in a directed verdict for one defendant and a jury ver-'diet for the other. The plaintiff appeals the directed verdict in favor of Dr. M. J. Duplantis on the ground that there were factual issues which should have gone to the jury. He appeals the jury verdict in favor of Dr. W. Hammond Newman on the ground that it was reversible error to allow the testimony of an expert witness whose name was submitted a day later than required by the pretrial order. We affirm both judgments.

Plaintiff, James Davis, injured his…

2Cases cited8 opinions

  1. Meyer v. St. Paul-Mercury Indemnity Co.Supreme Court of Louisiana · 1954
  2. McDermott v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1964
  3. Favalora v. Aetna Casualty & Surety CompanyLouisiana Court of Appeal · 1962
  4. Davis v. Virginian Railway Co.Supreme Court of the United States · 1960
  5. Stallcup v. CoscarartArizona Supreme Court · 1955

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3Cited by60 opinions

  1. Robert Geiserman v. John H. MacDonald A.B. & A.B. & AssociatesCourt of Appeals for the Fifth Circuit · 1990
  2. 29 Fair empl.prac.cas. 442, 29 Empl. Prac. Dec. P 32,851, 10 Fed. R. Evid. Serv. 1410 Curtis Jackson, W. C. McClendon Lige Scretchen, Nathaniel Cooper and W. E. Parker, Cross-Appellants v. Seaboard Coast Line Railroad Company, Brotherhood Railway Carmen of the United States and Canada, Cross-Appellee. Curtis Jackson, W. C. McClendon Lige Scretchen v. Seaboard Coast Line Railroad, Co., Brotherhood Railway Carmen of the United States and CanadaCourt of Appeals for the Eleventh Circuit · 1982
  3. Summers v. Missouri Pacific Railroad SystemCourt of Appeals for the Tenth Circuit · 1997
  4. John I. Calamia v. Price Spivey, Administrator of Seafarers Welfare and Pension PlanCourt of Appeals for the Fifth Circuit · 1980
  5. Admiral Theatre Corp. v. Douglas Theatre Co.Court of Appeals for the Eighth Circuit · 1978

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