Legal Opinion

Smith v. Vencare, Inc.

Court of Appeals of Georgia

Decided June 23, 1999No. A99A0414PublishedCited by 20 opinions

1Opinion of the Court

Eldridge, Judge.

Portia Gardner Smith, wife of plaintiff-appellant Delarett Smith, suffered from a progressive neurological disease and had to have a tracheotomy that left her unable to speak, because she was on a ventilator. Communications were made by eye movement; however, on April 20, 1995, Glenda Ward, a respiratory therapist, placed a Passey-Muir valve into Mrs. Smith’s tracheotomy tube, allowing her to speak after a fashion when the respirator was not in use. Thereafter, communication was by verbal “yes” or “no” responses to leading ques*622tions, by counting one to four for “no” and five…

Also in this document: Concurrence.

2Cases cited60 opinions

  1. St. Amant v. ThompsonSupreme Court of the United States · 1968
  2. Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
  3. Prophecy Corp. v. Charles Rossignol, Inc.Supreme Court of Georgia · 1986
  4. Chandler v. GatelyCourt of Appeals of Georgia · 1969
  5. Williams v. Trust Co. of Ga.Court of Appeals of Georgia · 1976

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3Cited by20 opinions

  1. Morrison v. MorrisonSupreme Court of Georgia · 2008
  2. Western Sky Financial, LLC v. StateSupreme Court of Georgia · 2016
  3. Community Newspaper Holdings, Inc. v. KingCourt of Appeals of Georgia · 2009
  4. SMITH Et Al. v. DiFRANCESCOCourt of Appeals of Georgia · 2017
  5. Degussa Wall Systems, Inc. v. SharpCourt of Appeals of Georgia · 2007

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