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PENDERGIST v. PENDERGRASS

No. WD 54315.

961 S.W.2d 919 (1998)

Patrick PENDERGIST, Appellant, v. Kelly B. PENDERGRASS, M.D., et al., Health Midwest, Prime Health, KC, Inc., Solomon Lewitton, M.D., Respondents.

Missouri Court of Appeals, Western District.

February 10, 1998.

Attorney(s) appearing for the Case

H. Kent Desselle, Independence, for appellant.

Timothy M. Aylward, Blackwell, Sanders, Matheny, Weary & Lombardi, LLP, Kansas City, for Respondent Pendergrass.

Roger Paul Wright, Theodore M. Green, Shughart, Thomson & Kilroy, P.C., Kansas City, for Respondent Health Midwest, Inc.

Kenneth J. Reilly, Kelley D. Sears, Shook, Hardy & Bacon, L.L.P., Kansas City, for Respondent Prime Health.

Michael P. Oliver, Wallace, Saunders, Austin, Brown & Enochs, Chartered, Kansas City, for Respondent Lewitton.

Before ULRICH, C.J., P.J., and ELLIS and HOWARD, JJ.,

ULRICH, Chief Judge, Presiding Judge.

Patrick Pendergist appeals the trial court's order granting the motions for summary judgment filed by the defendants, Kelly B. Pendergrass, M.D., Prime Health, Kansas City, Inc., Health Midwest, Inc. d/b/a Research Medical Center, Humana, Inc. d/b/a Humana Health Care Plans, and Soloman Lewitton, M.D. (collectively "Defendants"). Despite having tested negative for the Human Immunodeficiency Virus (HIV) four times in four years...

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