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CABELKA v. COMANCHE COUNTY HOSPITAL

Nos. 99,072, 99,703.

87 P.3d 1101 (2003)

2004 OK CIV APP 27

The ESTATE of L. Merle CABELKA, by and through the Personal Representative, Kenneth CABELKA, Kenneth Cabelka, individually, Debra Ann McAlister, individually, and Larry Cecil Cabelka, individually, Plaintiffs/Appellants, v. COMANCHE COUNTY HOSPITAL, OF LAWTON, Oklahoma; David Behm, D.O., individually; and John Doe or Jane Doe, Defendants/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 3.

Rehearing Denied December 12, 2003.

Attorney(s) appearing for the Case

Thomas J. Steece, Robert T. Kincaid, III, Oklahoma City, OK, for Plaintiffs /Appellants.

Inona Jane Harness, Haven Tobias, Leslie D. Guajardo, Pierce Couch Hendrickson Baysinger & Green, L.L.P., Oklahoma City, OK, for Defendant/Appellee, Comanche County Hospital.

Hilton H. Walters, Janice M. Dansby, Travis K. Siegel, Rife & Walters, Oklahoma City, OK, for Defendant/Appellee, David Behm, D.O.

Opinion by CAROL M. HANSEN, Judge.

¶ 1 In this action arising from the alleged wrongful death of L. Merle Cabelka (Decedent) in January 1997, Appellants — Decedent's estate and his children individually (collectively Appellants) — appeal from summary judgment in favor of Appellees, Comanche County Hospital and its employees Dr. David Behm and John or Jane Doe (collectively Hospital).2

¶ 2 The Court of Civil...

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