 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hutchings v. Methodist Hospital Of McKenzie6/2/2000
rmitted by our holding in this case.
In summary, we reject Dr. Ray's argument that the Carroll County trial court had exclusive jurisdiction over Dr. Ray based on the doctrine of former suit pending. We reverse the Carroll County trial court's denial of Dr. Ray's motion for summary judgment and its acceptance of Hutchings' Shelby County case and remand this case to the Carroll County trial court to determine whether the Shelby County amended complaint was intended to supplement the original complaint or to completely replace it, and whether Dr. Hammond was a defendant in the Shelby County suit when the amended complaint was filed.
This case is affirmed in part, reversed in part, and remanded to the circuit court for further proceedings consistent with this Opinion. Costs are assessed equally against Appellant, Sidney Ray, M.D., and Appellee, John Herman Hutchings, for which execution may issue if necessary.
HOLLY KIRBY LILLARD, J.
W. FRANK CRAWFORD, P.J., W.S.
DAVID R. FARMER, J.
|