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RACER v. UTTERMAN

Nos. 42473, 42482 and 42523.

629 S.W.2d 387 (1981)

Betty S. RACER and David Racer, Plaintiffs-Cross-Appellants, v. Dr. William F. UTTERMAN, Johnson & Johnson, Defendants-Cross-Appellants, and Ste. Genevieve County Memorial Hospital, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied November 20, 1981.

Application to Transfer Denied January 18, 1982.

Attorney(s) appearing for the Case

John W. Reid, II, Schnapp, Graham & Reid, Fredericktown, for plaintiffs in 42473, 42482, and appellants-respondents-plaintiffs in 42523.

V. Kenneth Rohrer, Roberts, Roberts & Rohrer, Farmington, for appellant in 42473, defendant in 42482, and Dr. William F. Utterman in 42523.

David L. Colson, Colson, Wagner & Freer, Farmington, for defendant in 42473, respondent in 42482, and Johnson & Johnson in 42523.

Robert G. Brady, Bryan, Cave, McPheeters & McRoberts, St. Louis, for appellant in 42473, respondent in 42482, and Johnson & Johnson in 42523.

J. Douglas Cassity, Cassity, Freeman, Greene & Bennett, Springfield, for appellant in 42473, defendant in 42482, and Dr. William F. Utterman in 42523.

William W. Evans, Evans & Dixon, St. Louis, for defendant in 42473, respondent in 42482, and Johnson & Johnson in 42523.

Robert Wulff, Amelung, Wulff & Willenbrock, St. Louis, for appellant in 42473, respondent in 42482, and Ste. Genevieve County Memorial Hospital in 42523.

Francis Toohey, Jr., Toohey & Moore, Perryville, for appellant in 42473 and Ste. Genevieve County Memorial Hospital in 42523.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 20, 1981.

SMITH, Judge.

This case involves three appeals arising from a judgment in a jury tried personal injury case.

Plaintiff Betty Racer underwent surgery for a dilation and curettage operation in defendant Ste. Genevieve County Memorial Hospital. Defendant William Utterman was the operating surgeon. During the course of the operation a disposable drape manufactured by defendant...

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