DICKEY v. BAPTIST MEMORIAL HOSPITAL-NORTH MS

No. 96-60681.

146 F.3d 262 (1998)

Reggie DICKEY, and wife; Lois Dickey, Plaintiffs-Appellants, v. BAPTIST MEMORIAL HOSPITAL-NORTH MS; United States of America, Veterans Administration, Defendants, Baptist Memorial Hospital-North MS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 13, 1998.


Attorney(s) appearing for the Case

John H. Cocke, Charles M. Merkel, Merkel & Cocke, Clarksdale, MS, Thomas R. Trout, New Albany, MS, for Plaintiffs-Appellants.

John Hand Dunbar, Dunbar Williams, PLLC, Robert Bradley Best, Holcomb, Dunbar, Connell, Chaffin & Willard, Oxford, MS, for Defendant-Appellee.

Before BARKSDALE, BENAVIDES and DENNIS, Circuit Judges.


BENAVIDES, Circuit Judge:

The appellant, Lois Dickey, appeals the district court's order granting Baptist Memorial Hospital-North Mississippi summary judgment on her state-law negligence claim. For the reasons set forth below, we reverse and remand.

I.

On July 28, 1992, Reggie Dickey went to the emergency room at Baptist Memorial Hospital-North Mississippi ("BMH") in Oxford, Mississippi, complaining of chest pains. Dr. Lamb, an ER physician employed...

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