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SUDDERTH v. WHITE

621 S.W.2d 33 (1981)

David H. SUDDERTH, Jr., Administrator of the Estate of David H. Sudderth, III, Appellant, v. Sewell WHITE and Charles O. Forshee, Appellees. Sewell WHITE and Charles O. Forshee, Individually and in their Official Capacity, Cross-Appellants, v. David H. SUDDERTH, Jr., Administrator of the Estate of David H. Sudderth, III; Bowling Green-Warren County Hospital; and City of Bowling Green, Cross-Appellees. BOWLING GREEN-WARREN COUNTY HOSPITAL, Cross-Appellant, v. Sewell WHITE and Charles O. Forshee, Individually and in their Official Capacity, Cross-Appellees. CITY OF BOWLING GREEN, Cross-Appellant, v. Sewell WHITE and Charles O. Forshee; David H. Sudderth, Jr., Administrator of the Estate of David H. Sudderth, III; and Bowling Green-Warren County Hospital, Cross-Appellees.

Court of Appeals of Kentucky.

Rehearing Denied July 17, 1981.

Attorney(s) appearing for the Case

Robert M. Klein and Oliver H. Barber, Jr., Louisville, for David H. Sudderth, Jr., Administrator of the Estate of David H. Sudderth, III.

David F. Broderick, Bowling Green, for Sewell White and Charles O. Forshee.

Murry A. Raines, Bowling Green, for Bowling Green-Warren County Hospital.

Joe B. Campbell, Bowling Green, for City of Bowling Green.

Before GUDGEL, McDONALD and VANCE, JJ.

GUDGEL, Judge.

This is an appeal from a summary judgment and a cross-appeal from an order dismissing cross-claims which were entered by the Warren Circuit Court in a wrongful death action. Appellant contends that the court erred by striking two affidavits filed by him in opposition to the motion for summary judgment; and by determining that absent the affidavits no genuine issue of material fact existed which precluded the granting of a summary judgment as a matter...

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