WORTHY v. BARTLEY

No. CIV.A.04-A-47-E.

307 F.Supp.2d 1244 (2004)

Donna W. WORTHY and Thomas F. Worthy, Plaintiffs, v. James J. BARTLEY, Jr. D.P.M., Individually, and d/b/a Foot & Ankle of West Georgia, P.C. and Foot and Ankle Surgery Center, L.L.C., Defendants.

United States District Court, M.D. Alabama, Eastern Division.

March 5, 2004.


Attorney(s) appearing for the Case

William T. Harvey, Whatley Drake, LLC, Birmingham, AL, Kenneth Leroy Funderburk, Funderburk, Day & Lane, Phenix City, AL, for Donna W. Worthy, Thomas F. Worthy, plaintiffs.

Robert C. (Mike) Brock, Richard B. Garrett, Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, for James J. Bartley, Jr., D.P.M., Individually and dba Foot & Ankle of West Georgia, P.C., Foot and Ankle Surgery Center, L.L.C., defendants.


MEMORANDUM OPINION AND ORDER

ALBRITTON, Chief Judge.

I. INTRODUCTION

This cause is before the court on a Motion to Dismiss filed by the Defendants on January 21, 2004 (Doc. # 4).

The Plaintiff originally filed a Complaint in this case in the Circuit Court of Russell County, Alabama. The Plaintiffs bring claims of negligence (Count 1), failure to obtain informed consent (Count 2), fraud (Count 3), willfulness/wantonness...

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