Legal analysis from Dean's Law Dictionary will be displayed here.

This section contains the nature of the case and procedural background.

Banks (P) attended a social event at an Elks Lodge (D). The chair on which she was seated collapsed, causing serious injuries to her back. P consulted with Dr. Boyce (D), a physician affiliated with Premier Orthopaedics and Sports Medicine, P.C. Boyce recommended lumbar surgery at the L3-L4 and L4-L5 levels. Boyce performed the surgery but on the L2-L3 and L3-L4 vertebrae. P was required to undergo a second surgery. P was transferred to Cumberland Manor Nursing Home (D) for further recuperation and rehabilitation. While a patient at Cumberland, P developed a serious staphylococcus infection that required additional surgeries and extensive care and treatment. P first sued Elks for negligence. She filed a separate lawsuit against Dr. Boyce and Premier Orthopaedics (D) for medical negligence and medical battery. Boyce requested a transfer and the Court entered an order consolidating the two cases for management and discovery purposes. Elks and Boyce then filed a motion to amend their answer to assert a comparative fault defense against Cumberland. They asserted that Cumberland's improper care and treatment had aggravated P's injuries and damages. P opposed the motions to amend their answers to assert a comparative fault defense against Cumberland Manor. The court denied the motions. Ds appealed. P amended her complaint to name Cumberland Manor as a tortfeasor. The court of appeals declined to consider the interlocutory appeal and Ds appealed.

The legal issues presented in this case will be displayed here.

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