(Download) "Carol Ann Griffin v. Dr. Norman A. Miles" by Houston No. 1,637 The Fourteenth Court of Civil Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Carol Ann Griffin v. Dr. Norman A. Miles
- Author : Houston No. 1,637 The Fourteenth Court of Civil Appeals
- Release Date : January 29, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Brown, Chief Justice This appeal arises from the trial court's overruling of appellants' motion to reinstate a cause from which they took a voluntary non-suit. In June 1975, appellants, Carol Ann Griffin and her husband, filed suit against appellees, Dr. Norman A. Miles and Heights Hospital, in Houston, Texas alleging negligence and breach of contract on the part of Dr. Miles and Heights Hospital in failing to remove a surgical sponge from Mrs. Griffin's abdomen during a Caesarean Section. The presence of this sponge induced an infection causing her severe pain and required a second operation to remove it. Both appellees answered, and Dr. Miles filed a cross-action against Heights Hospital asking for indemnification in the event he was found negligent. Prior to selection of the jury, appellants took a voluntary non-suit against Dr. Miles, and, in turn, he took a non-suit against the hospital. The jury returned a verdict for $20,000.00 against the hospital in favor of appellants. Appellants then filed a motion for new trial asking that their non-suit be set aside and the cause as to Dr. Miles be reinstated. They alleged that the non-suit was taken upon oral representations that Dr. Miles' insurer would enter into a settlement agreement with appellants in the amount of $15,000.00 ($100.00 to be paid to Mrs. Griffin and $14,900.00 to her husband) under a covenant not to sue, and the assignment to appellants of any cause of action Dr. Miles might have against the hospital for contribution or indemnification.
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