An action alleging negligence against a Co Dublin doctor unexpectedly ended in the High Court yesterday, after submissions were made about the discovery of documents.
The President of the High Court, Mr Justice Morris, said a new trial should take place with the minimum delay.
Mrs Margaret Eite, Bolbrook Villas, Tallaght, had sued Dr Andrew Jordan (52) Heatherview Avenue, Aylesbury, Tallaght, for alleged negligence following the death of her husband in November 1988. Dr Jordan denied the claim.
Mrs Eite claimed her husband collapsed and died at his home without the attendance of his doctor, despite repeated phone requests to his surgery for assistance.
She said that when she called the surgery of her husband's doctor on November 7th 1988, the day her husband died, she was neither offered nor promised anything. All she wanted was for Dr Jordan to come and attend to her husband who was suffering chest and arm pain.
Following submissions yesterday by counsel regarding the discovery of documents by the defence, Mr Justice Morris, said the trial - which had begun last week - should be stopped and that it should begin again at a later date.
He allowed costs so far to Mrs Eite and suggested that the new hearing should be on Tuesday next, or perhaps the following week. The judge added that he wanted to make it perfectly clear that nothing he had said was to be taken as a criticism of Dr Jordan.