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HOLLAND v. DUCKWORTH

No. 9874.

539 S.W.2d 326 (1976)

Mary HOLLAND, Administratrix of the Estate of Frank Holland, Deceased, Plaintiff-Appellant, v. Gordon DUCKWORTH, Defendant-Respondent.

Missouri Court of Appeals, Springfield District.

July 22, 1976.

Attorney(s) appearing for the Case

Stephen R. Sharp, Welman & Associates, Kennett, for plaintiff-appellant.

Byron D. Luber, Ward & Reeves, Caruthersville, for defendant-respondent.

Before BILLINGS, C. J., and STONE and TITUS, JJ.

BILLINGS, Chief Judge.

Plaintiff Mary Holland, Administratrix of the Estate of Frank Holland, deceased, has lodged this appeal seeking reversal of the trial court's order sustaining defendant Gordon Duckworth's motion for summary judgment. Plaintiff sued defendant, a medical doctor, alleging he was negligent in leaving a surgical appliance in Frank Holland during an appendectomy and failing to discover it until a second operation sometime later. The trial court determined...

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