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SEWELL v. WILSON

No. 5160.

641 P.2d 1070 (1982)

97 N.M. 523

James W. SEWELL, M.D., Plaintiff-Appellant, v. John N. WILSON, M.D., B.S., Bhati, M.D., Edward J. Gerety, M.D., individually, Surgical Associates, a professional association, and Presbyterian Hospital Center, a corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

Writ of Certiorari Denied February 26, 1982.

Attorney(s) appearing for the Case

F. Joel Roth, Ronald J. Van Amberg, Roth, Van Amberg & Gross, Santa Fe, for plaintiff-appellant.

W. Robert Lasater, Jr., Rodey, Dickason, Sloan, Akin & Robb, Thomas J. McBride, Johnson & Lanphere, Albuquerque, for defendants-appellees.

OPINION

DONNELLY, Judge.

Plaintiff, James W. Sewell, M.D., appeals from a district court order dismissing his medical malpractice complaint with prejudice for failure to prosecute pursuant to N.M.R.Civ.P. 41(e), N.M.S.A. 1978. Alleging negligent post-operative care of plaintiff, the complaint named as defendants, Dr. Wilson, Bhati, Gerety; their employer, Surgical Associates, P.S.; and Presbyterian Hospital Center. Two issues were raised on appeal: whether...

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