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JOHNSTON v. LERWICK

No. 50654.

738 S.W.2d 868 (1987)

Lena M. JOHNSTON and Robert J. Johnston, Plaintiffs/Respondents, v. Everett R. LERWICK, M.D., Defendant/Appellant, and Missouri Baptist Hospital, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied January 27, 1987.

Case Transferred March 17, 1987.

Case Retransferred November 10, 1987.

Original Opinion Reinstated November 18, 1987.

Attorney(s) appearing for the Case

Morris E. Stokes, St. Charles, for Lerwick.

Gary P. Paul, Brinker, Doyen & Kovacs, Clayton, for Missouri Baptist Hosp. and Johnston.

Case Transferred to Supreme Court March 17, 1987.

Case Retransferred to Court of Appeals November 10, 1987.

CRIST, Judge.

Appellant (doctor) appeals from a judgment apportioning fault, 80 percent to doctor and 20 percent to respondent (hospital), in a jury-tried medical malpractice case. We affirm.

Plaintiffs sued both doctor and hospital alleging joint responsibility for negligently leaving a metal clamp in plaintiff-wife's body after surgery...

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