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BECK v. REYNOLDS

No. 82376.

903 P.2d 317 (1995)

Margaret BECK and Bill Beck, Appellees, v. Jack H. REYNOLDS, M.D., Kathryn Pierce, as Personal Representative of the Estate of C.J. Pierce, Jr., Deceased, Pierce Pharmacy, Inc., and Smith Kline & French Laboratories, a division of Smithkline Corp., Defendants, Physicians Liability Insurance Company, Appellant.

Supreme Court of Oklahoma.

Rehearing Denied September 27, 1995.

Attorney(s) appearing for the Case

Bond, Matthews, Bonds & Hayes by Albert R. Matthews and James H. Abrams, Jr., Muskogee, for appellees.

Short, Wiggins, Margo & Adler by George F. Short and Cynthia L. Sparling, Oklahoma City, for appellant Physicians Liability Ins. Co.

HODGES, Justice.

The issue in this case is whether the trial court erred in reforming the contract based on a finding of constructive fraud.

I. Facts

In 1978, defendant Dr. Reynolds prescribed a drug known as Comid to plaintiff Margaret Beck. As a result of taking the drug, Mrs. Beck developed tardive dyskinesia. Mr. and Mrs. Beck sued Dr. Reynolds alleging medical malpractice. They also sued the druggist...

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