Legal Opinion
Bishop v. Byrne
District Court, S.D. West Virginia
Decided March 21, 1967No. Civ. A. 2131PublishedCited by 21 opinions
1Opinion of the Court
CHRISTIE, District Judge.
This diversity action is presently before the Court pursuant to defendant’s motions (a) to dismiss and (b) for summary judgment. The basis for the action is as follows:
In July 1962 plaintiffs engaged defendant to perform a sterilization operation on Mrs. Bishop. Some seventeen months later Mrs. Bishop became pregnant and on September 29, 1964, she was delivered of a child by Caesarean section. At the time of this birth one of her Fallopian tubes was found to be intact. This is alleged to have resulted from the negligent manner in which defendant performed the 1962…
2Cases cited19 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Hurn v. OurslerSupreme Court of the United States · 1933
- Barry v. EdmundsSupreme Court of the United States · 1886
- Morgan v. Grace Hospital, Inc.West Virginia Supreme Court · 1965
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Becker v. SchwartzNew York Court of Appeals · 1978
- Sard v. HardyCourt of Appeals of Maryland · 1977
- Troppi v. ScarfMichigan Court of Appeals · 1971
- James G. v. CasertaWest Virginia Supreme Court · 1985
- Bowman v. DavisOhio Supreme Court · 1976
16 more not listed; retrieve them via the Exa API.