Thomas v. Shult

On Second Motions for Rehearing

PEDEN, Justice.

The motion for rehearing filed by the appellants is granted; that filed by appellee Rigo Manufacturing Company is overruled. Our opinion of September 11, 1969 is withdrawn, and the following is substituted for it:

This cause arose from the death of Reginald Thomas, Jr., the twenty-month-old son of the appellants, Mr. and Mrs. Thomas. He drank some Kill-Ko, an insecticide, and was taken by his mother to Dr. Shult for treatment. Dr. Shult was sued by the appellants, Mr. and Mrs. Thomas, for alleged medical malpractice. The Thomases also sued appellee…