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UNIVERSITY OF LOUISVILLE v. O'BANNON

No. 87-SC-604-MR.

770 S.W.2d 215 (1989)

The UNIVERSITY OF LOUISVILLE and John R. Johnson, M.D., Appellant, v. Honorable Earl O'BANNON, Judge, Jefferson Circuit Court, Archie B. Hall and Elina Hall, real parties in interest, Appellees.

Supreme Court of Kentucky.

Rehearing Denied June 8, 1989.

Attorney(s) appearing for the Case

Roy Kimberly Snell, Stites & Harbison, Louisville, for appellant John R. Johnson, M.D.

Ben J. Talbott, Jr., Timothy J. Salansky, Westfall, Talbott & Woods, Thomas H. Lyons, University Counsel, University of Louisville, Louisville, for appellant University of Louisville.

Theodore L. Mussler, Jr., Charles E. Theiler, II, Louisville, for appellees.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which denied a petition seeking to prohibit the trial of a medical malpractice suit against the University of Louisville and one of its medical faculty.

The issue is whether the circuit court can exercise jurisdiction over such an action after the enactment of K.R.S. 44.073 which states in part that "no action for damages may be maintained...

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