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CEBULA v. BENOIT

No. WD 33664.

652 S.W.2d 304 (1983)

Eugene CEBULA, Plaintiff-Appellant, v. Hector W. BENOIT, Jr., M.D., Defendant-Respondent.

Missouri Court of Appeals, Western District.

May 17, 1983.

Attorney(s) appearing for the Case

Dean F. Arnold (argued), L.D. Mayo, Jr., Kansas City, for plaintiff-appellant.

Gail L. Fredrick (argued), Freeman, Fredrick, Bennett & Rogers, P.C., Springfield, for defendant-respondent.

Before PRITCHARD, P.J., and DIXON and NUGENT, JJ.

NUGENT, Judge.

Plaintiff appeals from a judgment directing a verdict in defendant's favor at the close of plaintiff's evidence in this medical malpractice case resulting from the loss of a needle fragment in plaintiff's chest during surgery. Plaintiff argues that the trial court erred in directing a verdict because substantial evidence existed from which a jury could have returned a verdict in his favor even absent expert...

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