Legal Opinion
Owens v. Childrens Memorial Hospital
Court of Appeals for the Eighth Circuit
Decided June 12, 1973No. Nos. 72-1653, 72-1654PublishedCited by 5 opinions
1Opinion of the Court
HEANEY, Circuit Judge.
Plaintiffs appeal from the trial court’s dismissal of their actions on the grounds of failure to state a claim upon which relief could be granted.1 Rule 12(b)(6), Federal Rules of Civil Procedure.
The facts for purposes of this review are those alleged in the plaintiffs’ complaints. On March 2, 1970, the plaintiffs admitted their son to Childrens Memorial Hospital, Omaha, Nebraska. He remained under the care and treatment of the hospital and the defendant doctors until he died on April 2, 1970. *466The plaintiffs allege that the defendants negligently failed to properly…
2Cases cited18 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Dillon v. LeggCalifornia Supreme Court · 1968
- John H. Freeman, Jr., D/B/A Freeman Electric Gin Company v. Continental Gin CompanyCourt of Appeals for the Fifth Circuit · 1967
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Rodrigues v. StateHawaii Supreme Court · 1970
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3Cited by5 opinions
- Sherrill v. Royal Industries, Inc.Court of Appeals for the Eighth Circuit · 1975
- Lincoln Carpet Mills, Inc., a Corporation v. The Singer Company, a CorporationCourt of Appeals for the Eighth Circuit · 1977
- J. B. Kramer Grocery Company, Inc. v. Glens Falls Insurance CompanyCourt of Appeals for the Eighth Circuit · 1974
- White v. DiamondDistrict Court, D. Maryland · 1974
- Lonnie Leroy Owens, Sr. v. Childrens Memorial Hospital, Omaha, Nebraska, a Corporation, Ida Ruth Owens v. Childrens Memorial Hospital, Omaha, Nebraska, a CorporationCourt of Appeals for the Eighth Circuit · 1973