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Moore v. Baker

United States Court of Appeals for the Eleventh Circuit
989 F.2d 1129 (11th Cir. 1993)


Facts

Moore (plaintiff) sued Baker (defendant) when she was left severely and permanently disabled after Baker performed carotid artery surgery on her, alleging violation of Georgia’s informed consent law. Moore filed her suit on the last day permitted by Georgia’s statute of limitations. Baker moved for summary judgment on the issue of consent, pointing to a consent form Moore had signed. Moore subsequently moved to amend her complaint to include allegations of negligence against Baker. Moore appealed the denial of her motion by the district court.

Rule of Law

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Issue

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Holding and Reasoning (Morgan, J.)

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  • 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.).

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