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SWENDSEN v. GROSS

Nos. 86-314, 86-867.

530 So.2d 764 (1988)

Opal Elizabeth SWENDSEN, as administratrix of the Estate of Charles F. Swendsen, deceased v. C.M. GROSS. Opal Elizabeth SWENDSEN, as administratrix of the Estate of Charles F. Swendsen, deceased v. Lynn C. CARLIN, as executrix of the estate of John T. Carlin, deceased.

Supreme Court of Alabama.

Rehearing Denied July 29, 1988.

Attorney(s) appearing for the Case

Melvin W. Brunson of Thiry, Maples & Brunson, Mobile, for appellants.

W. Boyd Reeves and David A. Bagwell of Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, Mobile, for appellee C.M. Gross.

John N. Leach, Jr., and Randall W. Nichols of Coale, Helmsing, Lyons & Sims, Mobile, for appellees Lynn C. Carlin, etc.

PER CURIAM.

These are consolidated appeals from summary judgments granted in favor of defendants C.M. Gross and Lynn C. Carlin, executrix of the estate of John T. Carlin, M.D., in a medical malpractice action filed by Charles F. Swendsen. We reverse and remand as to both appeals.

Mr. Swendsen, a 72-year-old retired member of the merchant marine, experienced severe chest pains and other ailments and was attended by Dr. C.M. Gross, his regular physician, who...

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