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TAYLOR v. SMITH

1011673.

892 So.2d 887 (2004)

Lola Ann TAYLOR and Billy J. Taylor v. Dr. Kenny E. SMITH.

Supreme Court of Alabama.

Rehearing Denied May 21, 2004.

Attorney(s) appearing for the Case

Gary V. Conchin and Joe A. King, Jr., of Morris, Conchin, Banks & Cooper, Huntsville, for appellants.

Michael A. Florie, Joseph S. Miller, and J. Will Axon, Jr., of Starnes & Atchison, LLP, Birmingham, for appellee.

WOODALL, Justice.1

Lola Ann Taylor and her husband, Billy J. Taylor, appeal from a summary judgment in favor of Dr. Kenny E. Smith in the Taylors' action against him for personal injuries arising out of an automobile accident involving Lola and Glenda Ennis, one of Dr. Smith's patients. We reverse and remand.

The dispositive facts are undisputed. On April 4, 2000, Ennis visited The Gadsden Treatment Center, Inc. ("the Center")...

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