 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
M.B. v. Valleylab Inc.6/4/1999
Collough, [Ms. 1962015, January 8, 1999] ___ So. 2d ___ (Ala. 1999). In that case, we explained that, under appropriate circumstances, evidence of other "acts" or "omissions" may be discoverable, notwithstanding § 6-5-551. As to the latter portion of the opinion, therefore, I concur only in the result.
JOHNSTONE, Justice (concurring in part and Concurring in the result in part).
I concur with the discovery rulings of the main opinion regarding materials in the investigative file of Mutual Assurance. I concur only in the result of the ruling of the main opinion regarding discovery of other circumcisions performed by Dr. Thomas.
I must note with regard to the treatment of § 6-5-551, Ala. Code 1975, by the main opinion, as it pertains to discovery of other circumcisions performed by Dr. Thomas, that what is sauce for the goose should be sauce for the gander in future cases. Otherwise, allowing all parties except plaintiffs to discover similar acts or omissions by medical providers will be nothing more than allowing the legislature to rig cases against plaintiffs.
|