Thomas E. and Lavada R. Young v. Harry Lee Book Reviews

Thomas E. and Lavada R. Young v. Harry Lee by Eastern District, Division Three Court of Appeals of Missouri Book Summary

Plaintiffs appeal from the action of the trial court in granting defendants' motion to dismiss plaintiffs' amended petition for damages. We affirm. We set forth the pertinent allegations of plaintiffs' petition. William Greenblatt consulted Dr. Wadsworth at St. Louis Medical Clinic on July 10, 1992. He gave a history of recent complaints of light headedness, nausea, and vomiting, episodes of shakings and tremors, that he had experienced a ""near"" blackout while driving his vehicle approximately six weeks prior to consulting Dr. Wadsworth, and on July 9 he had an ""acute blackout and fainting spell"" while using a telephone at his residence. Based upon the history given and an examination, Dr. Wadsworth diagnosed syncope 1 of unknown etiology which included a combination of low blood sugar, cardiac and/or neurological disorders, thyroid disease, depression, anxiety and situational distress. He prescribed Xanax for Greenblatt's use, recommended that he increase his meals to six per day, outfitted him with a Holter Monitor to monitor his heart rhythms, and encouraged Greenblatt to go about his normal activities. Xanax is a medicine commonly prescribed for the treatment of depression and anxiety with known medical side effects of drowsiness or light headedness. There is no allegation that Greenblatt had filled the prescription or had taken the Xanax and in their reply brief plaintiffs concede that they have no evidence that Greenblatt had taken Xanax at the time of the accident. Sometime that afternoon, after leaving the doctor's office Greenblatt, while driving on Highway 30 suffered a blackout spell causing him to crash into a vehicle operated by Connie Morgan, and occupied by Kathie Young and Joseph Smith. Morgan was killed and Young and Smith were injured. This suit for damages for Morgan's wrongful death and Young and Smith's injuries followed.

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Thomas E. and Lavada R. Young v. Harry Lee (Eastern District, Division Three Court of Appeals of Missouri) Book Reviews 2024

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