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STUDEBAKER v. COHEN

No. 61369.

747 P.2d 274 (1987)

Catholyn M. STUDEBAKER and Robert L. Studebaker, Jr., individually and as co-guardians of Robert Barrett Studebaker, an infant, Appellants, v. Eugene S. COHEN, M.D., and Tulsa O.B.-Gyn Associates, Inc., Appellees.

Supreme Court of Oklahoma.

Rehearing Denied November 24, 1987.

Attorney(s) appearing for the Case

Pray, Walker, Jackman, Williamson & Marlar by J. Warren Jackman, and John F. McCormick, Jr., Tulsa, for appellants.

Secrest & Hill by W. Michael Hill and James K. Secrest II, Tulsa, for appellees.

HODGES, Justice.

The dispositive issue to be dealt with on certiorari is whether the "unavoidable casualty" instruction which included "Act of God" language constitutes reversible error.

We answer in the affirmative and find that an Act of God instruction in a medical malpractice case should not be given.

This medical malpractice action was brought by Catholyn M. Studebaker and Robert L. Studebaker, Jr. (appellants...

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