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BETTERTON v. EVANS

No. CIV.A.2:02 CV 318-P-.

351 F.Supp.2d 529 (2004)

Debbie BETTERTON, Individually, and as surviving spouse and on behalf of all of the next of kin and the wrongful death beneficiaries of David Lee Betterton, Deceased, Plaintiff, v. Edward Morgan EVANS, M.D., Guidant Sales Corporation, and Cardiac Pacemaker, Inc., Defendants.

United States District Court, N.D. Mississippi, Delta Division.

December 10, 2004.

Attorney(s) appearing for the Case

Troy Allen Poetz, Neely, Green, Fargarson & Brooke, Richard D. Underwood, Underwood/Thomas, PC, Memphis, TN, for Plaintiff.

Dawn Davis Carson, Heaton and Moore, PC, Kari Louise Foster, Butler, Snow, O'Mara, Stevens & Cannada, PLLC, Albert C. Harvey, Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, TN, Shelby Duke Goza, Hickman, Goza & Spragins, PLLC, Robert S. Mink, Holcomb Dunbar, Oxford, MS, for Defendants.

MEMORANDUM OPINION

PEPPER, District Judge.

This cause comes before the court upon Cardiac Pacemaker, Inc. and Guidant Sales Corporation's Motion for Summary Judgment on All Counts [70-1]. Upon exhaustive consideration of the motion and the responses thereto the court is prepared to rule.

I. FACTUAL BACKGROUND1

On August 1, 2002 David Lee Betterton was brought to Baptist Memorial Hospital in Southaven...

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