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BERRY v. ROBERTSON

7 Div. 820.

235 So.2d 657 (1970)

Hershel Wayne BERRY, the Father of Regenia Fay Berry, Deceased v. W. C. ROBERTSON.

Supreme Court of Alabama.

Rehearing Denied May 28, 1970.

Attorney(s) appearing for the Case

Clark E. Johnson, Jr., Albertville, for appellant.

Dortch, Allen, Wright & Wright, Gadsden, for appellee.

PER CURIAM.

Appeal by plaintiff from adverse verdict, directed for defendant without hypothesis, by the trial court following the closing of plaintiff's case. Defendant offered no evidence.

The complaint was in three counts, 5, 6, and 7, all charging malpractice in the treatment of plaintiff's minor child, who died in the hospital following aspiration of a bean or pea into its right lung. Demurrers were sustained...

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