Freeman v. Biloxi Regional

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 2, 1996
• Docket: 95-60312
• Status: Unpublished

Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-60312 __________________

PATRICIA FREEMAN, Individually and as Guardian of Victor Freeman, a minor, and as Administratrix of the Estate of Jacqueline Freeman,

Plaintiff-Appellant,

versus

BILOXI REGIONAL MEDICAL CENTER, INC.; BILOXI HMA, INC., d/b/a Biloxi Regional Medical Center, Inc.,

Defendants,

and

NOEL JOHNSON, M.D.; BILOXI OB/GYN CLINIC, P.A.,

Defendants-Appellees.

______________________________________________

Appeal from the United States District Court for the Southern District of Mississippi (1:93cv158BrR) ______________________________________________

April 9, 1996

Before REAVLEY, GARWOOD and JOLLY, Circuit Judges.

PER CURIAM:*

* Pursuant to Local Rule 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. After considering the briefs and argument of counsel and

relevant portions of the record, we conclude that this appeal

presents no reversible error. The district court did not err in

refusing plaintiff’s requested jury instruction number 15 as it was

an incorrect statement of the law, as the trial court informed

plaintiff’s counsel. See Hunnicutt v. Wright, 986 F.2d 119 (5th

Cir. 1993). We reject plaintiff’s complaint on appeal that the

court erred by failing to give any instruction on this subject

matter. Plaintiff failed to adequately preserve this point for

appeal; moreover, it does not appear that the evidence warranted

such an instruction. Plaintiff’s remaining points are without

merit and do not warrant discussion.

AFFIRMED