Green Ex Rel. Crudup v. Kearney

HUNTER, Robert C., Judge.

Doctor J.B. Perdue (“Perdue”) appeals from the trial court’s denial of his motion to dismiss the complaint filed by Larry Donnell Green (“Green”), by and through his Guardian ad Litem, Sharon Crudup, Larry Alston, and Ruby Kelly (collectively “plaintiffs”), which was brought pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of Civil Procedure on the basis of sovereign immunity. After careful review, we decline to address defendant’s argument with regard to Rule 12(b)(1) as it is interlocutory and not immediately appealable. With regard to the trial court’s order…