Mr. And Mrs. J.L. Rogers, Etc. v. David C. Evans, Leland Q. Linahan, Mr. And Mrs. J.L. Rogers, Etc. v. Vendya Lewis , 792 F.2d 1052 ( 1986 )

RONEY, Circuit Judge,

concurring:

I concur in Judge Hatchett’s decision.

I concur in the reversal of summary judgment as to Dr. Smith with the recognition that the standard of proof required to establish liability against her is very high. The evidence and affidavits offered must be viewed most favorably to plaintiff on a summary judgment motion, however, and any possible liability from a favorable veiw of the evidence requires a fuller development of the case than permitted on summary judgment. Whether a reasonable view of the evidence and the live testimony of the affiants will meet the required standard must await trial. This is a close case but such cases should be decided against the foreclosure of further litigation by summary judgment.