Legal Opinion

Michal K. Garland v. Samuel W. Peebles, M.D.

Court of Appeals for the Eighth Circuit

Decided September 1, 1993No. 92-3899PublishedCited by 29 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

Michal Kay Garland appeals from the district court’s 1 dismissal under Federal Rule of Civil Procedure 41(b) of her medical malpractice suit against Samuel W. Peebles, M.D., for failure to prosecute. We affirm.

I

Garland, represented by Charles Hicks and Charla Tindall, filed this diversity action on March 21, 1991, alleging that Dr. Peebles had negligently failed to diagnose and treat her breast cancer. Garland’s complaint stated that she visited Dr. Peebles in Nashville, Arkansas, for a routine gynecological and breast examination in October 1985. At that time, Dr.…

2Cases cited3 opinions

  1. John William Brown v. Gerald Frey, Larry Trickey, Ron Kennedy, John Bain, J. Shanklin, Walter Fisher, Christie Lynch and Bernice TrickeyCourt of Appeals for the Eighth Circuit · 1987
  2. Raymond MOORE, Appellant, v. ST. LOUIS MUSIC SUPPLY COMPANY, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1976
  3. G. Winfield Pardee v. Sheldon K. Stock and Sea Glint, Ltd., a CorporationCourt of Appeals for the Eighth Circuit · 1983

3Cited by29 opinions

  1. Miller v. BensonCourt of Appeals for the Eighth Circuit · 1995
  2. Leroy Bolt v. Robert Loy and Village of Winthrop HarborCourt of Appeals for the Seventh Circuit · 2000
  3. Dahl v. Kanawha Investment Holding Co.District Court, N.D. Iowa · 1995
  4. Robert Mann v. Lawrence Lewis, M.D. Kevin Baumer, M.D. John Kefalas, M.D. Douglas McDonald M.D. St. Louis University HospitalCourt of Appeals for the Eighth Circuit · 1997
  5. Cooperative Finance Ass'n, Inc. v. GarstDistrict Court, N.D. Iowa · 1996

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