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HomeMy WebLinkAbout1220 2'~3'~2~. • IN •r~i~: CIRCUIT COIJRT OF T~IL NINI:TEENTH Jt1DICIAI. ciHCViT or ri.ORIDA, I\1 AND FOR ST. LUCIE COUNTY WII...LIAM RAY A1~1n4UNS, JR. , ) ' by his father and next friend, WILLIANI RA1' AMMONS, and ) ~VILLIANI RAY AiV1MONS, individually, ) - Plaintiffs, ) ~ vs. CASE NO. 72-8?3 ) J. B. SULLIVAN and FORT PIERCE . ; ME~VIORIAL HOSPITAL, INC. , ) PRE-TRIAL ORDER Defendants. ) • . . _ TI~LS C~USF. coming on to be heard at the Pre-Trial Conference and the Court having met with counsel for the respective parties, it is therefore CO~SIDERED, ORDERED, AtiD ADJUDGED that this matter is set for trial as the first case on Januar3~ 28, 1974, at 9:00 A. :Vl. That counsel for the ; . Plaintiff, in lieu of the necessity of counsel for the Defendant Sullivan propounding interrogatories, would write a letter stating the opinions of the respective experts. Drs. Lee J. Cordrey and John Feegel. _ 1. That a statement of the case was agreed as follotivs: That this is an action for damages braught by the Plaintiff, ~~4'ILLIAM RAI' AiVI~[ONS, for his son WILLIA:~-I RAY A1rI1+IONS, JR. , for injuries which he received as a result of ? the alleged negligence of the Defeadants, FORT PIERCE MENIORIAL HOSPITAL, ~ I~C. AND J. B. SL'•LLIVAN, or the joint negligence of both defendants. 2. The issues to be decided are the negligence, if any, of the - ~ Defenc~ant, J. B. SULLN9N, and/or the Hospital and/or both. There is no question ~ of contributory negligence and there is no question therefore of comparative - negligence, and such was stipulated by counsel for the respective parties. 3. That the Defendant Hospital's niotion to Dismiss is by stipulation of counsel hereby considered to be a Nlotion to Strike the Claim of Res ipsa loquitur and there being no objection by counsel, it is therefore ~ CnNSIDERED, ORDERED AND ADJUDGED that the Defendant IIospital's 14otion to Strike that part of the complaint relating to Res ipsa loquitur - eoo~~223 ~ac~1~220 -