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HENKEMEYER v. BOXALL

No. C2-90-1796.

465 N.W.2d 437 (1991)

Patricia HENKEMEYER, as Trustee for the Heirs and Next of Kin of Peter C. Jansky, Deceased, Appellant, v. David W. BOXALL, Respondent.

Court of Appeals of Minnesota.

Review Denied March 27, 1991.

Attorney(s) appearing for the Case

Roger J. Nierengarten, Hall, Byers, Hanson, Steil & Weinberger, P.A., St. Cloud, for appellant.

Donna J. Blazevic, Bassford, Heckt, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for respondent.

Considered and decided by SHORT, P.J., and DAVIES and POPOVICH, JJ.

OPINION

DAVIES, Judge.

Appellant commenced what appeared to be a medical malpractice action for failure to discover and advise decedent Jansky of the presence of an acute aneurysm. Appellant conceded no physician-patient relationship existed, but argued application of ordinary negligence principles precluded dismissal. The trial court granted summary judgment, concluding lack of a physician-patient relationship barred appellant's claim as a matter of law...

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