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MEDICAL PROTECTIVE CO. v. WATKINS

No. 98-7515.

198 F.3d 100 (1999)

THE MEDICAL PROTECTIVE COMPANY, a Corporation v. William WATKINS, D.D.S.; Leonard Medura, D.D.S.; Joseph Mazula, D.D.S.; David Walski; Lisa Walski; David Walski, Administrator of the Estate of Jonathan Walski, Deceased; Watkins and Medura, a partnership. William Watkins, D.D.S.; Watkins and Medura, Appellants.

United States Court of Appeals, Third Circuit.

Filed November 26, 1999.

Attorney(s) appearing for the Case

John W. Jordan, IV, Esquire (Argued), Gaca, Matis, Baum, & Rizza, Pittsburgh, PA, Attorney for Appellee The Medical Protective Company.

James F. Mundy, Esquire, Raynes, McCarty, Binder, Ross & Mundy, Philadelphia, PA, Attorney for Appellees Lisa and David Walski, David Walski, Administrator of the Estate of Jonathan Walski, Deceased.

Carl A. Solano, Esquire (Argued), Philip G. Kircher, Esquire, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, Attorneys for Appellants William Watkins, D.D.S. and Watkins and Medura, a partnership.

Before: GREENBERG and ROTH, Circuit Judges, and POLLAK, District Judge

OPINION OF THE COURT

ROTH, Circuit Judge.

The facts of this case are tragic. A dentist, defendant William Watkins, decided to anesthetize a three-year old boy in order to repair dental cavities. Watkins used the services of an independent dental anesthesiologist to administer general anesthesia in Watkins's office. While the boy was anesthetized, he suffered cardiac arrest and died. This appeal is from a declaratory judgment action in which Watkins' insurance...

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