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POE v. RICE

706 S.W.2d 5 (1986)

Clara POE, Executrix of the Estate of Patricia A. Hopkins and Richard A. Hopkins, Appellant, v. Russell R. RICE, M.D., and Solomon, Oldham Bryant & Hollinsworth, a Partnership and/or Professional Service Corporation, Appellees.

Court of Appeals of Kentucky.

February 21, 1986.

Attorney(s) appearing for the Case

J.L. Richardson III, Louisville, for appellant.

William Bowman, James G. Apple and Rebecca F. Shubaeh, Louisville, for appellees.

Before CLAYTON, DUNN and McDONALD, JJ.

CLAYTON, Judge.

This is an appeal from a summary judgment of the Jefferson Circuit Court dismissing the medical malpractice action of the appellants. As a basis for dismissing pursuant to CR 56, the trial court reasoned that the appellants failed to meet their burden of producing expert testimony that the doctors were negligent in failing to diagnose Patricia Hopkins' breast cancer. The appellants argue that the lower court erred in granting summary judgment as the...

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