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BLUE v. PURSELL

No. 88-CA-1909-MR.

793 S.W.2d 823 (1989)

Deborah BLUE, Appellant, v. Steven H. PURSELL, M.D. and Timothy Spaulding, M.D., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 19, 1990.

Discretionary Review Denied by Supreme Court September 19, 1990.

Attorney(s) appearing for the Case

Kenneth H. Baker, James S. Scroghan, Margaret F. Timmel, Baker & Scroghan, Louisville, for appellant.

Douglas Farnsley, Carol Dan Browning, Stites & Harbison, Ben J. Talbott, Jr., Steven A. Edwards, Westfall, Talbott & Woods, Thomas H. Lyons, University Counsel, University of Louisville, Patrick W. Michael, Woodwards, Hobson & Fulton, Louisville, for appellees.

Before HOWERTON, C.J., HAYES and WEST, JJ.

HAYES, Judge:

Deborah Blue appeals from a summary judgment entered August 18, 1988 in Jefferson Circuit Court, dismissing her action against two physicians employed by Humana of Virginia, Inc., d/b/a Humana Hospital University.

The sole issue on appeal concerns whether KRS 44.070 et seq., as amended effective July 15, 1986, operates to bar Deborah's negligence, assault and battery claims against these physicians.

This action was commenced in...

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