Legal Opinion · Dissent

Crosthwait v. Southern Health Corp. of Houston, Inc.

Mississippi Supreme Court

Decided June 7, 2012No. 2010-CT-00526-SCTPublished

1DissentKing, Justice

II26. Because Crosthwait claims injury resulting from ordinary negligence rather than medical negligence, I dissent from the majority opinion, and would remand the case for trial.

¶ 27. According to Crosthwait, water had puddled on the bathroom floor during her shower because the shower curtain was not closed. Crosthwait’s complaint alleged that the following were the proximate causes of her fall and injuries:(a) Failure to properly assist [Crosth-wait] in taking a shower, including failure to provide an appropriate shower stool and failure to prevent excessive water from accumulating on the…

2Cases cited4 opinions

  1. Stanley v. Morgan & Lindsey, Inc.Mississippi Supreme Court · 1967
  2. Pigg v. Express Hotel Partners, LLCMississippi Supreme Court · 2008
  3. Bell v. West Harrison County Dist.Mississippi Supreme Court · 1988
  4. Crosthwait v. Southern Health Corp. of HoustonCourt of Appeals of Mississippi · 2011

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