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SMITH v. COURTER

Nos. KCD 29107, KCD 29115.

575 S.W.2d 199 (1978)

Ray SMITH, Plaintiff-Respondent-Appellant, v. Larry P. COURTER, Arthur B. Smith, and John W. Walker, d/b/a Lockwood Radiological Group, Defendants-Appellants-Respondents.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied June 12, 1978.

Application to Transfer Denied January 29, 1979.

Attorney(s) appearing for the Case

Dean F. Arnold, Donald E. Raymond, Kansas City, for appellants Arthur B. Smith and John W. Walker.

Lantz Welch, Welch & Austin, Kansas City, for respondent Ray Smith.

Before PRITCHARD, P. J., SWOFFORD, C. J., and DIXON, J.

DIXON, Judge.

This is the second appeal arising from a claim for damages for malpractice by a medical partnership. Upon the first appeal, a judgment for $105,000 actual damages was reversed because plaintiff's argument to the jury was held to inject the issue of punitive damages. Smith v. Courter, 531 S.W.2d 743 (Mo. banc 1976).

In the instant appeal, the cause was submitted to the jury for findings on actual and...

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