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SPERRY v. HUSE

No. WD 37938.

725 S.W.2d 111 (1987)

Marie SPERRY and Lawrence Sperry, Appellants, v. William J. HUSE, II, M.D., and Dr. Miller Obstetricians and Gynecologists Assoc., Inc., and St. Joseph Hospital of Kansas City, Missouri, Respondents.

Missouri Court of Appeals, Western District.

February 24, 1987.

Attorney(s) appearing for the Case

Ernest H. Fremont, Jr. and Jerry K. Rodriguez (Popham, Conway, Sweeny, Fremont & Bundschu, of counsel), Kansas City, for appellants.

Penni L. Johnson and Patricia M. Peters (Blackwell, Sanders, Matheny, Weary & Lombardi, of counsel), Kansas City, for respondents.

Before PRITCHARD, P.J., and MANFORD and BERREY, JJ.

PRITCHARD, Presiding Judge.

Appellants brought this medical malpractice action against respondents for the wrongful death of their infant son which occurred at the time the mother was giving birth. The defendant, St. Joseph Hospital, was released prior to trial.

For appellants, the case was submitted to the jury on Instruction No. 4:

"Your verdict must be for plaintiffs and you must assess a percentage of fault to the defendants, if you believe:<...

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