The undersigned have reviewed the prior Decision and Order based upon the record of the proceedings before Deputy Commissioner Ford. The appealing party has not shown good grounds to reconsider the evidence; receive further evidence; rehear the parties or their representatives; or amend the Decision and Order.
2. Defendant moved to dismiss based on a failure to state a claim of negligence in that plaintiff admitted in his answer that he was informed that the INH medication given to him after testing positive for exposure to tuberculosis would cause certain side effects.
3. Plaintiff offered no evidence that any action on the part of defendant caused any injury to him.
2. Plaintiff has failed to prove by evidence or testimony any negligence on the part of defendant.
2. Each party shall bear its own costs.
This the 14th day of December 2001.
S/____________ BUCK LATTIMORE CHAIRMAN
CONCURRING:
S/______________ RENE C. RIGGSBEE COMMISSIONER
S/_______________ DIANNE C. SELLERS COMMISSIONER