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MONTGOMERY v. SOUTH COUNTY RADIOLOGISTS

No. SC 83293.

49 S.W.3d 191 (2001)

Evan W. MONTGOMERY and Judith A. Montgomery, Appellants, v. SOUTH COUNTY RADIOLOGISTS, INC. and Edward Szoko, M.D., et al., Respondents.

Supreme Court of Missouri, En Banc.

July 24, 2001.

Attorney(s) appearing for the Case

Edward M. Roth, St. Louis, for Appellants.

Linda C. Hinshaw, Kevin F. O'Malley, Mary L. Reitz, Clayton, for Respondents.

Joanne E. Joiner, Associate Gen. Counsel, Gerald M. Sill, Senior Vice President & Gen. Counsel, Jefferson City, for Amicus Curiae Missouri Hospital Association.

Harvey M. Tettlebaum, Lowell D. Pearson, Mary S. Erickson, Jefferson City, for Amicus Curiae American College of Radiology & Missouri Radiology Society.

Jennifer J. Chapin, Lisa A. Weixelman, Kansas City, for Amicus Curiae Missouri Organization of Defense Lawyers.

Robyn G. Fox, Robert T. Haar, Monica J. Allen, St. Louis, for Amicus Curiae Washington University & St. Louis University.

BENTON, Judge.

Evan W. and Judith A. Montgomery sued Dr. Edward W. Szoko and South County Radiologists, Inc., for medical negligence and loss of consortium. The circuit court granted Szoko's motion for summary judgment and SCR's motion for partial summary judgment. The Montgomerys appeal. After opinion by the Court of Appeals, a dissenting judge transferred the case to this Court. Mo. Const. art. V, sec. 10. Affirmed in part, reversed in part, and remanded...

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