Logourl black

Battle v. Memorial Hospital at Gulfport

United States Court of Appeals for the Fifth Circuit
228 F.3d 544 (5th Cir. 2000)


Facts

Daniel Battle, a minor, and his parents (plaintiffs) brought suit against Memorial Hospital at Gulfport and other doctors individually (defendants) for negligent medical treatment—specifically the misdiagnosis of Daniel’s viral encephalitis. Prior to trial, the magistrate judge barred the plaintiffs from introducing the deposition of their expert, Dr. Fred Lakeman, who was unavailable for testimony at trial. Lakeman had run some tests on Daniel that had indicated that Daniel had herpes simplex encephalitis (HSE), a rare version of viral encephalitis. The defendants contended that Daniel did not have HSE and the plaintiffs’ suit was based in part on this contention in that the defendants’ diagnosis resulted in a delay in giving Daniel the proper antibiotics. In addition, during discovery, the plaintiffs informed the defendants that plaintiffs’ expert, Dr. Lowell Young, would not be available for trial and gave notice for a videotape deposition of Young on September 3. On September 2, the plaintiffs moved for a continuance, thus possibly making Lowell available at trial. The magistrate judge granted the continuance motion, but later admitted the video deposition of Young as evidence and prohibited the plaintiffs from calling him as a live witness. At trial, the magistrate judge ruled for the defendants on the merits. The plaintiffs appealed on the grounds of the evidentiary rulings. In terms of Lakeman’s live testimony, the defendants responded to the appeal by asserting that Lakeman’s videotaped deposition was hearsay because the defendants did not cross-examine Lakeman to challenge his opinions.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Parker, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 92,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 12,498 briefs - keyed to 168 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now