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SURGICAL CONSULTANTS, P.C. v. BALL

No. 88-538.

447 N.W.2d 676 (1989)

SURGICAL CONSULTANTS, P.C., Appellee, v. Maxine M. BALL, Appellant.

Court of Appeals of Iowa.

August 23, 1989.

Attorney(s) appearing for the Case

J. Allen Orr, Sioux City, for appellant.

Michael W. Ellwanger of Kindig, Beebe, Rawlings, Nieland, Probasco & Killinger, and Marvin F. Heidman of Eidsmoe, Heidman, Redmond, Fredregill, Patterson & Schatz, Sioux City, for appellee.

Heard by DONIELSON, P.J., and HAYDEN and HABHAB, JJ.

DONIELSON, Judge.

On February 23, 1983, Dr. Larry Foster (Surgical Consultants, P.C.) performed a gastric bypass operation on Maxine Ball. On December 26, 1984, Dr. Foster filed a small claims action against Ball for the unpaid balance of $1,299 due for that operation. Ball counterclaimed against Dr. Foster, alleging negligence and breach of contract. At trial Ball's case was premised on claims of negligence and abandonment. She asserted that because she had not fully...

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