Legal Opinion

WellStar Health System, Inc. v. Sutton

Court of Appeals of Georgia

Decided November 27, 2012No. A12A1426; A12A1427PublishedCited by 9 opinions

1Opinion of the Court

MCFADDEN, Judge.

These related appeals arise from a mistrial in a medical malpractice case. The defendant hospital challenges the trial court’s declaration of a mistrial and denial of its motion to set aside the mistrial and enter judgment in its favor. But the hospital acquiesced in the court’s decision to declare a mistrial. More fundamentally, there was no verdict upon which to enter such a judgment. The defendant doctor and his medical practice challenge a jury charge and the grant of a motion in limine. As to the jury charge, the case must *803be retried, and the Suttons acknowledge error; so…

2Cases cited15 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. Haughton v. JudsenCourt of Appeals of Georgia · 1967
  3. Lampley v. StateSupreme Court of Georgia · 2008
  4. An v. Active Pest Control South, Inc.Court of Appeals of Georgia · 2011
  5. Cox v. StateSupreme Court of Georgia · 2005

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3Cited by9 opinions

  1. Rivers v. K-Mart CorporationCourt of Appeals of Georgia · 2014
  2. Mabry v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals of Georgia · 2015
  3. Washington v. StateCourt of Appeals of Georgia · 2015
  4. KIDNEY Et Al. v. EASTSIDE MEDICAL CENTER, LLC Et Al.Court of Appeals of Georgia · 2017
  5. CENTRAL UNITED METHODIST CHURCH OF ATLANTA, INC. v. THE WEST FIRM, P.C.Court of Appeals of Georgia · 2026

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