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SOMMERKAMP v. LINTON

No. 2001-SC-0431-DG, 2001-SC-0438-DG, 2001-SC-0442-DG.

114 S.W.3d 811 (2003)

T. Greg SOMMERKAMP, M.D., Appellant, v. Susan R. LINTON (Roberts), Appellee. Florence Medical Arts, Inc., Appellant, v. Susan R. Linton (Roberts), Appellee. E. Douglas Baldridge, M.D., Appellant, v. Susan R. Linton (Roberts), Appellee.

Supreme Court of Kentucky.

September 18, 2003.

Attorney(s) appearing for the Case

William T. Robinson III, Luann Devine, Greenebaum Doll & McDonald PLLC, Covington, Counsel for Appellant T. Greg Sommerkamp, M.D.

Philip Taliaferro III, Taliaferro & Mehling, Alice Gailey Keys, Robert W. Carran, Covington, Counsel for Appellant, E. Douglas Baldridge, M.D.

Eric C. Deters, Eric C. Deters and Associates, Fort Mitchell, Counsel for Appellee.

Mark G. Arnzen, Mary K. Molloy, Arnzen & Wentz, PSC, Covington, Counsel for Appellant Florence Medical Arts, Inc.

Opinion of the Court by Justice WINTERSHEIMER.

This appeal is from a decision of the Court of Appeals which reversed a judgment based on a jury verdict for the defense in a medical malpractice action and remanded the case for a new trial.

The principal issue is whether the interests of the various appellants in the medical malpractice action against them should be considered antagonistic for the purpose of CR 47...

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