Legal Opinion
Cheek v. Domingo
District Court, Virgin Islands
Decided February 13, 1986No. Civ. No. 1984/275PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION
We are presented here with two issues peculiar to medical malpractice cases. First, can the defendant physician base a contributory negligence defense on the acts of the plaintiff which caused the injury necessitating treatment? And second, is a specialist competent to testify as to the general practitioner’s standard of care? We answer the first question in the negative and the second affirmatively.
I. FACTS
The plaintiff, Wendell Cheek, was involved in a barroom brawl while visiting St. Croix in January 1980. He contends that he and two companions were provoked by five…
2Cases cited13 opinions
- Siirila v. BarriosMichigan Supreme Court · 1976
- Blair v. EblenCourt of Appeals of Kentucky (pre-1976) · 1970
- Sendejar v. Alice Physicians & Surgeons Hospital, Inc.Court of Appeals of Texas · 1977
- Los Alamos Medical Center, Inc. v. CoeNew Mexico Supreme Court · 1954
- Flynn v. StearnsNew Jersey Superior Court Appellate Division · 1958
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Nelson v. McCrearyDistrict of Columbia Court of Appeals · 1997
- Sheeley v. Memorial HospitalSupreme Court of Rhode Island · 1998
- Harvey Ex Rel. Harvey v. Mid-Coast HospitalDistrict Court, D. Maine · 1999
- Smith v. Ortho Pharmaceutical Corp.District Court, N.D. Georgia · 1991
- Van Vacter v. HierholzerMissouri Court of Appeals · 1993
6 more not listed; retrieve them via the Exa API.