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JACOBS v. WOLFF

No. 60571.

829 S.W.2d 470 (1992)

R. JACOBS, Plaintiff/Appellant, v. Gerald WOLFF, M.D., Defendant/Respondent, and Karen Unser, R.N., Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

March 3, 1992.

Attorney(s) appearing for the Case

R. Jacobs, St. Louis, for plaintiff/appellant.

Kortenhof & Ely, Kenneth M. Lander, St. Louis, for defendant/respondent Wolff, M.D.

Brown & James, P.C., Robert S. Rosenthal & David P. Ellington, St. Louis, for defendant/respondent Unser, R.N.

KAROHL, Judge.

On June 18, 1991, the trial court dismissed plaintiff Jacobs' claims against defendant Gerald A. Wolff, a medical doctor, and defendant Karen Unser, a nurse. The court found the claims alleged in five counts against Dr. Wolff and one count against nurse Unser barred for failure of plaintiff to file an affidavit mandated by § 538.225.1 RSMo 1986. Plaintiff acknowledges the failure to file the affidavit but claims the requirement does not apply to...

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