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PIERCE v. SMITH

No. 73-479.

301 So.2d 805 (1974)

Robert H. PIERCE, D.O., and Pacific Indemnity Company, a California Corporation, Appellants, v. James W. SMITH and Myra Smith, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 6, 1974.

Attorney(s) appearing for the Case

T. Paine Kelly, Jr., MacFarlane, Ferguson, Allison & Kelly, Tampa, for appellants.

George N. Meros and Peter N. Meros, Meros, Wells, Edman, Meros & Rouse, St. Petersburg, for appellees.

BOARDMAN, Judge.

This is a medical malpractice action. The plaintiffs sued Robert H. Pierce, D.O., and Pacific Indemnity Co., his malpractice insurance carrier, for the complications of a bilateral vasectomy performed upon James W. Smith. The defendants answered the allegations of the complaint asserting defenses of general denial and contributory negligence and, in addition, affirmative defenses alleging that Dr. Pierce exercised the skill and diligence of a general...

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