Hall et al v. Maxwell et al

Filing 117

ORDER by Judge Frank H. Seay denying 80 Motion for Summary Judgment. (trl, Chambers)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA

RAY HALL, individually and as the
widower of BETTY JEAN HALL,
JOQULYN HALL, RACHEL HALL,
DENTEA HALL, LAWANDA HALL,
CRYSTAL HALL and ANGELA SMITH,
Plaintiffs,

vs.
UNITED STATES OF AMERICA,
WILLIAM J. HARRISON, D.O., and
McCURTAIN MEMORIAL MEDICAL
MANAGEMENT, INC., d/b/a
McCURTAIN MEMORIAL HOSPITAL,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CIV-10-444-FHS

Before the court for its consideration is Defendants’ Joint
Motion for Summary Judgment and Brief in Support (Doc. 80). The
court finds there are genuine issues of material fact as to the
proximate cause of plaintiff’s injury.

As a result, summary

judgment is therefore inappropriate and said motion should be
overruled as to these issues. Fed. R. Civ. P. 56; see, e.g.,
Celotex Corporation v. Catrett, 477 U.S. 317, 106 S.Ct. 2548
(1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct.
2505 (1986).
IT IS SO ORDERED this 25th day of October, 2011.