Norton Hosp. v. Hon. Barry L. Willett
Annotate this CaseThe Estate of Pratikshya Gurung filed a negligence action against Norton Hospital after Gurung was born with brain damage and quadriplegia. On appeal, Norton challenged the Court of Appeals' dismissal as moot of a writ action filed by Norton over a discovery dispute with the Estate. The court concluded that the Court of Appeals abused its discretion because its decision was not based on sound legal principles where Norton's writ action is not moot because relief can still be afforded. The court stated that it is true that the documents Norton alleges are privileged have now been provided to the Estate, but options remain. Accordingly, the court remanded for consideration of Norton's asserted privilege in light of the court's decision in Tibbs v. Bunnell.
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