Opinion

Drs. Lane, Bryant, Eubanks & Dulaney v. Otts

  • 412 So. 2d 254
Court
Supreme Court of Alabama
Filed
Mar 26, 1982
Status
Published
Author
Maddox
On the bench
Beatty, Maddox, Shores, Torbert
Cited by
27 cases
Authority
More cited than 15.1%

potential witness who was a physician was not equally accessible when his testimony likely would favor the defendant physicians

How later courts described this case

  • potential witness who was a physician was not equally accessible when his testimony likely would favor the defendant physicians

Written by the judges who cited it.

The opinion

I believe the Court committed reversible error in giving plaintiff's requested charge No. 8, which reads as follows:

"The court further charges the jury that the same general neighborhood refers to a national medical neighborhood or national medical community, of reasonably competent physicians in the same *Page 263 line of practice acting in the same or similar circumstances." (Emphasis added.)

I cannot apply the harmless error rule because the instruction states an incorrect principle of law. The proper standard of care, in my opinion, is that I set forth, in a special concurring opinion, in Zills v. Brown , 382 So.2d 528 , 533 (Ala. 1980). Furthermore, the application of the harmless error rule in this case is made more difficult because of the trial court's action in permitting plaintiff's counsel to argue defendants' daily income. After examining the whole case, I believe the appellants have shown that they did not receive a fair trial, for the reasons I have stated; therefore, I would reverse.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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