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BIGAY v. GARVEY

No. C9-96-1033.

575 N.W.2d 107 (1998)

Shari BIGAY, Respondent, v. Timothy A. GARVEY, M.D., petitioner, Appellant, Gary Banks, M.D., Respondent, Jeffrey Dick, M.D., Defendant, Regents of the University of Minnesota, d/b/a/ The University of Minnesota Hospital and Clinic, Respondent.

Supreme Court of Minnesota.

March 12, 1998.

Attorney(s) appearing for the Case

Charles E. Lundberg, Bassford, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for appellant.

Theodore G. Gudorf, O'Loughlin & Gudorf, Dayton, OH, Geoffrey P. Jarpe, Maun & Simon, P.L.C., St. Paul, for respondent Shari Bigay.

William M. Hart, Joseph W.E. Schmitt, Robert M. Frazee, Meagher & Geer, P.L.L.P., Minneapolis, for respondent Gary Banks.

Barry G. Vermeer, Anne T. Johnson, Gislason, Dosland, Hunter & Malecki, P.L.L.P., Minnetonka, for respondent Regents of Univ. of Minn.

Heard, considered and decided by the court en banc.

OPINION

BLATZ, Chief Justice.

On June 2, 1994, plaintiff Shari Bigay initiated a medical malpractice action for negligent care and treatment against Dr. Timothy Garvey, Dr. Gary Banks, and the Regents of the University of Minnesota, d/b/a the University of Minnesota Hospital and Clinic (UMHC). Bigay's complaint alleged that she sustained injuries during spinal fusion surgery performed at UMHC on June 3, 1992. Bigay later sought to amend her original complaint...

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