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SERVAIS v. PHILBRICK

77374.

190 Ga. App. 861 (1989)

380 S.E.2d 496

SERVAIS v. PHILBRICK et al.

Court of Appeals of Georgia.

Rehearing Denied March 22, 1989.

Attorney(s) appearing for the Case

Joseph B. Bergen, Frederick S. Bergen, for appellant.

Oliver, Maner & Gray, Thomas A. Withers, for appellees.

BEASLEY, Judge.

Servais sued Dr. Philbrick and Savannah Radiologists, P.A., alleging that while acting within the scope of his employment with the latter, Dr. Philbrick improperly performed an arteriogram procedure which caused permanent injuries. Servais sought damages under the theories of medical malpractice and breach of contract in that Dr. Philbrick had expressly warranted he would not suffer any ill effects. The appeal, pursuant to OCGA § 9-11-56 (h),...

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