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FIEGENER v. FREEMAN-OAK HILL HEALTH SYS.

Nos. 22361, 22362.

996 S.W.2d 767 (1999)

Cheyenne A. FIEGENER, A Minor, Donald Fiegener, and Stephanie Fiegener, Plaintiffs-Appellants, v. FREEMAN-OAK HILL HEALTH SYSTEM, Virginia Palmer, R.N., Nancy S. Myers, R.N., and Sandra Martin, L.P.N., Defendants-Respondents, Patrick S. Dunlap, M.D., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and Transfer Denied July 22, 1999.

Application for Transfer Denied August 24, 1999.

Attorney(s) appearing for the Case

Bryan W. Smith, Fisher, Cavanaugh & Smith, Topeka, KS, for Plaintiffs/Appellants.

Linda Cary Hinshaw, The O'Malley Law Firm, Clayton, James Bandy, Blackwell, Sanders, Peper, Martin, Kansas City, for Defendant/Appellant.

Kent O. Hyde, William C. Love, Harrison, Tucker & Hyde, Springfield, for Respondent.

KENNETH W. SHRUM, Presiding Judge.

This is a medical malpractice case that was allegedly compromised and settled just minutes before a jury returned a verdict for Plaintiffs against Defendant Patrick Dunlap, M.D. ("Dr.Dunlap"). The issue presented is whether the trial court erred in overruling motions to enforce the alleged settlement agreement on the basis that the agreement lacked the element of mutual assent. We conclude the trial court did err. We reverse and...

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