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DELAUGHTER v. STATE

No. 94,775.

47 P.3d 462 (2001)

2001 OK 61

Carol DeLAUGHTER, individually and as surviving spouse and next of kin and on behalf of all heirs at law of Julius Paul DeLaughter, Jr., Deceased, Plaintiff/Appellant, v. STATE of Oklahoma, ex rel OKLAHOMA STATE DEPARTMENT of MENTAL HEALTH & SUBSTANCE ABUSE SERVICES d/b/a The Crisis & Intervention Center, and Nicasio Gutierrez, Jr., M.D., jointly and severally negligent, Defendants/Appellees.

Supreme Court of Oklahoma.

Rehearing Denied May 28, 2002.

Attorney(s) appearing for the Case

Jeff R. Laird, Jr., Foshee & Yaffe, Oklahoma City, OK, attorneys for Appellant Carol Delaughter, individually and as surviving spouse and next of kin and on behalf of all heirs at law of Julius Paul DeLaughter, Jr., Deceased.

Russell L. Hendrickson and Stefan Doughty, Pierce, Couch, Hendrickson, Baysinger and Green, Oklahoma City, OK, attorneys for Co-Appellee, Nicasio Gutierrez, Jr., M.D.

Attorney General W.A. Drew Edmondson and Jerry C. Blackburn, Office of the Attorney General, State of Oklahoma, Oklahoma City, OK, attorneys for Co-Appellee State of Oklahoma, et al.

WINCHESTER, J.

¶ 1 This matter concerns a medical malpractice action filed by appellant against Appellee Nicasio Gutierrez, Jr., M.D. (hereinafter "Dr. Gutierrez") arising from the suicide of appellant's spouse, Julius Paul DeLaughter, Jr., after appellee discharged Mr. DeLaughter from his care at Oklahoma County's Crisis and Intervention Center.

FACTS AND PROCEDURAL HISTORY

¶ 2 On September 10...

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