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ALFORD v. CONTINENTAL CASUALTY COMPANY

Nos. 75-1019, 75-1020.

525 F.2d 514 (1975)

W. Van Meter ALFORD, Plaintiff-Appellee, v. CONTINENTAL CASUALTY Company, Defendant-Appellant (two cases). W. Van Meter ALFORD, Plaintiff-Appellee-Cross-Appellant, v. CONTINENTAL CASUALTY COMPANY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 6, 1975.

Attorney(s) appearing for the Case

William H. McCann, Brown, Sledd & McCann, Lexington, Ky., for Continental Cas. Co.

R. J. Turley, Turley, Savage & Moore, Lexington, Ky., for W. Van Meter Alford.

Before PHILLIPS, Chief Judge, and WEICK and EDWARDS, Circuit Judges.

PHILLIPS, Chief Judge.

In May 1972, William Van Meter Alford underwent surgery for the removal of a small tumor in the lacrimal gland near his left eye. The operation was performed skillfully by a competent surgeon, and there is no allegation of medical negligence. Two days later the bandages were removed, and it was discovered that Mr. Alford had lost sight in his left eye. The surgeon was surprised at this unfortunate and unusual development, and none of the physicians...

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