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Dana Walton and Jake Godfrey were orthopedic surgeons and general partners in a medical practice. Both doctors treated Elsa Franklin during her pregnancy. Elsa's daughter,
Dana Walton and Jake Godfrey were orthopedic surgeons and general partners in a medical practice. Both doctors treated Elsa Franklin during her pregnancy. Elsa's daughter, Melissa, was born with severe physical problems. As Melissa's mother and natural guardian, Elsa brought a medical malpractice suit against both doctors. The jury found Waiton liable for medical malpractice, but not Godfrey. The amount of the verdict totaled $1.5 million. The trial court entered judgment against Waltory but not against Godfrey. Plaintiff Franklin pursued a posttrial judgment against both defendants. Topic Questions 1. Is Godrey jointly and severally liable for the medical malpractice of his partner, Walton? Why or why not? 2. Do you think the law is fair with respect to liability in a general partnership? 3. Explain how this scenario would be different if the doctors were partners in a limited partnership, with Walton as the general partner and Godrey as a limited partner. Make sure to incorporate material from the assigned reading. 4. Would a limited partnership have a different result if as a limited partner, Godrey met with Walton once a month to discuss and make decisions about the operation of the medical practice? Explain
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