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HENNING v. PARSONS

No. 4461.

623 P.2d 574 (1980)

Margherita M. HENNING and Vernon O. Henning, Plaintiffs-Appellants, v. Livingston PARSONS, Jr., Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Quashed January 18, 1981.

Attorney(s) appearing for the Case

Richard E. Ransom, P.A., Smith, Ransom & Gilstrap, Albuquerque, for plaintiffs-appellants.

W. Robert Lasater, Jr., Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendant-appellee.

OPINION

WALTERS, Judge.

The trial court granted a summary judgment to the defendant doctor on plaintiffs' claim of medical malpractice. After the appeal was filed, Mrs. Henning died of breast cancer. Her husband continues as appellant in this court, and asserts that summary judgment was improper because material issues of fact exist regarding four alleged acts of negligence:

(1) Dr. Parsons failed to use care and skill in his examination and evaluation...

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