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DYKE v. SAINT FRANCIS HOSP., INC.

No. 77147.

861 P.2d 295 (1993)

Judy DYKE and Dave Dyke, Plaintiffs-Appellants, v. SAINT FRANCIS HOSPITAL, INC., an Oklahoma Corporation, Robert G. Tompkins, M.D., George B. Caldwell, M.D., Stanley N. Schwartz, M.D., and Robert Jordan, M.D., Defendants-Appellees, and Joe LeBlanc, M.D., Merck & Co., Merck, Sharp and Dohme, Inc., Defendants.

Supreme Court of Oklahoma.

September 22, 1993.

Attorney(s) appearing for the Case

Michael James King and M. Jean Holmes, Winters, King & Associates, Tulsa, for plaintiffs-appellants.

James W. Connor, Jr. and Ann Makela Schneider, Barkley, Rodolf & McCarthy, Tulsa, for defendant-appellee, Saint Francis Hosp.

Joseph A. Sharp, John H.T. Sheridan and Karen M. Grundy, Best, Sharp, Holden, Sheridan & Stritzke, Tulsa, for defendants-appellees, Tompkins, Caldwell, Jordan, and Schwartz.

OPALA, Justice.

The dispositive issue on certiorari is whether the trial court erred in dismissing the plaintiffs' claim for failure to state a cause of action? We answer in the affirmative.

I

THE ANATOMY OF LITIGATION

Judy Dyke [Dyke], a nurse employed by defendant St. Francis Hospital [Hospital], alleged that before October 1986 she was exposed to hepatitis in the course...

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