Ethel Faye George v. Clyde Wayne Alexander, M.D. and Phillip R. Jones, M.D. - Concurring

Case Number
01S01-9505-CV-00084

I agree with the result reached by the majoirity however, resolution of the important principles of comparative fault and rules of pleading and evidence presented in this case requires, in my view, a more precise articulation and analysis of the pleadings, the facts, and the legal issues.  As an example, the statement of the issue decided in themajority's introductory paragraph - if the defendant wishes to introduce evidence that a person other than itself caused the plaintiff's injury - encompasses various situations controlled by different rules and cannot be decided as stated. Since the ruls of substantive law. pleading and evidence are correlated, I can best state my views in an integrated opinion rather than in a commentary on the majority's opinion.

 

Authoring Judge
Justice Lyle Reid
Originating Judge
Judge Marietta M. Shipley
Case Name
Ethel Faye George v. Clyde Wayne Alexander, M.D. and Phillip R. Jones, M.D. - Concurring
Date Filed
Dissent or Concur
No
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