Legal Opinion

Albert Morreale, Individually and as Next Friend of Alan Morreale, a Minor v. E. F. Downing, M. D., Neurological Institute of Savannah, P. C.

Court of Appeals for the Fifth Circuit

Decided November 10, 1980No. 79-2248PublishedCited by 15 opinions

1Opinion of the Court

RONEY, Circuit Judge:

Injured in a near-fatal automobile accident, 13-year-old Alan Morreale suffered a badly fractured hip which was not discover ed until after almost a month of medical and hospital care. His father brought this diversity action against the doctor and the hospital alleging that they were negligent in failing to discover sooner the fractured hip. The district court granted summary judgment for the hospital. A jury rendered a verdict for the doctor. On appeal we reverse the summary judgment for the hospital because there are issues of fact as to a theory of recovery not dealt…

2Cases cited16 opinions

  1. Whiting v. Jackson State UniversityCourt of Appeals for the Fifth Circuit · 1980
  2. Mitchell County Hospital Authority v. JoinerSupreme Court of Georgia · 1972
  3. Knight v. LowerySupreme Court of Georgia · 1971
  4. Edmondson v. HancockCourt of Appeals of Georgia · 1929
  5. United States v. Robert BockiusCourt of Appeals for the Fifth Circuit · 1977

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3Cited by15 opinions

  1. E.J. Wilson, Dearest Davis, and Cassandra Linder, Plaintiffs v. Roland AttawayCourt of Appeals for the Eleventh Circuit · 1985
  2. Dixon v. International Harvester Co.Court of Appeals for the Fifth Circuit · 1985
  3. A. C. Newman, Jr., Plaintiff-Appellee-Cross v. A. E. Staley Manufacturing Company, a Corporation, Defendant-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1981
  4. Kuehne & Nagel (AG & Co.) v. Geosource, Inc.Court of Appeals for the Fifth Circuit · 1989
  5. Roland Sandidge v. Salen Offshore Drilling Company, Salen Protexa Drilling CompanyCourt of Appeals for the Fifth Circuit · 1985

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