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[T] Thompson v. Love

April 21, 1998

THOMPSON
v.
LOVE



Before Thomas, P.j., Coleman, And Hinkebein, JJ.

The opinion of the court was delivered by: Thomas, P.j.

ALEX THOMPSON, III, APPELLANT v. ROBERT T. LOVE, M. D. AND DELTA REGIONAL MEDICAL CENTER, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 12/18/96

TRIAL JUDGE: HON. BETTY W. SANDERS

COURT FROM WHICH APPEALED: WASHINGTON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - WRONGFUL DEATH

TRIAL COURT DISPOSITION: MINOR'S WRONGFUL DEATH CLAIM DISMISSED

DISPOSITION AFFIRMED - 4/21/98

Alex Thompson, III appeals the granting of the defendant's motion for summary judgment raising the following issue as error:

I. THE TRIAL JUDGE ERRED IN GRANTING SUMMARY JUDGMENT ON THE BASIS THAT THE PRIOR SETTLEMENT ENTERED INTO BETWEEN THE CONSERVATOR OF ALEX THOMPSON, JR. EXTINGUISHED ANY AND ALL CAUSES OF ACTION WHICH ALEX THOMPSON, III, HAD OR HAS AS A RESULT OF THE DEATH OF ALEX THOMPSON, JR., PURSUANT TO MISSISSIPPI WRONGFUL DEATH ACT.

Finding no error, we affirm.

FACTS

The catalyst of the present lawsuit occurred on August 5, 1986, when Alex Thompson, Jr. sustained injuries during a fist fight and was admitted to the emergency room of Delta Regional Medical Center (DRMC). Alex, Jr. was diagnosed as having a fractured mandible and was admitted to the DRMC by Dr. Robert T. Love. Thereafter, Alex, Jr. suffered an upper airway obstruction which caused him to sustain hypoxic ...


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