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McCOY v. WESTERN BAPTIST HOSPITAL

628 S.W.2d 634 (1981)

Lonnie Ray McCOY, Appellant, v. WESTERN BAPTIST HOSPITAL, Appellee. Lonnie Ray McCOY, Appellant, v. BAPTIST HOSPITALS, INC., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied July 3, 1981.

Supreme Court opinion and order vacating motion granting discretionary review and remanding to Court of Appeals for final disposition, March 9, 1982.

Attorney(s) appearing for the Case

James M. Auser, Louisville, for appellant.

Henry O. Whitlow, William B. Byrd, Paducah, for appellee.

Before GANT, HOGGE and WHITE, JJ.

GANT, Judge.

These actions were originally commenced as malpractice actions against the treating physician and the hospital involved in the professional care and services rendered to the appellant. The case against the treating physician having been disposed of, only the hospital remains. The actions were apparently brought to deliberately test the constitutionality of KRS 304.40-270, which provides:

Limitation on prayer for damages in malpractice action....

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