Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 01-11-2019
Case Style:
Case Number: CJ-215-805
Judge: Tracy Schumacher
Court: District Court, Cleveland County, Oklahoma
Plaintiff's Attorney: Gregg W. Luther
Defendant's Attorney: Walters H. Hilton and Nicole M. Wilson for Dr. Mudassir
Robert D. Hosington and Casady L. Pickar for Norman Regional Hospital Authority and Dr. James R. McCurdy, M.D.
Description:
Brenda Taber was seen in the Norman Regional Hospital ER on January 24, 2014 by Dr. Hill.
The defendants denied fault and claimed that Plaintiff's lawyer intended to use the "Reptile Theory" of trail presentation to scare the jury to find in favor of his client by emphasizing patient safety.
10-17-2018 CTFREE
SO: PARTIES APPEAR BY COUNSEL FOR HEARING ON MSJ. ARGUMENT HEARD UPON CONSIDERATION OF SAME, TOGETHER W/ PARTIES' BRIEFING, COURT FINDS AS FOLLOWS: 1) NRH IS A PUBLIC TRUST, 2)DR. HILL IS NOT AN EMPLOYE OF NRH. 3) OGTCA SPECIFICALLY PRECLUDES IMPOSITION OF LIABILITY ON A PARTITICAL SUBDIVISION SUCH AS NRH FOR THE ACTS OF NON-EMPLOYEES, SUCH AS DR. HILL, PER 51 OS 155 (18). 4) B/C DR. HILL WAS NOT AN EMPLOYEE OF NRH, IT CANNOT BE HELD LIABLE FOR HIS ALLEGED ACTS OR OMMISSSIONS AS A MATTER OF THE LAW. 5) NRH'S MOTION FOR PAITIAL SUMMARY JUDGMENT IS SUSTAINED. 6) B/C PET AFFIMATIVELY STATES THAT IT IS NOT ALLEGING NEGLIGENT SUPERVISION OF PHYCICIANS, BUT INSTEAD IS PROCEEDING ON NEGLIGENT IN FAILURE TO ENFORCE SAFETY RULES AGAINST NRH, NRH'S MOTION FOR SUMMARY JUDGMENET ON PROP II IS DENIED. 7) NRH'S MOTION FOR PARTIAL SUMMARY JUDGEMENT RE PUNITIVES IS GRANTED. REGARDING , DEF'S JOINT REQUEST FOR CONTINUANCE OF STATUS CONFERNCE, ARGUMENT HEARD. COURT GRANTS AGREEMENT HEARD. COURT GRANTS REQUEST. STATUS CONFERENCE RESET TO 12-18-18 AT 10:30AM. DISCOVERY DEADLINE REMAINS 11-16-18. MEDIATION DEADLINES IS EXTENDED TO 5 DAYS PRIOR TO STATUS CONFERENCE. MATTER TO REMAIN SET ON JAN 2019 JURY TERM.***MT***
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: