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BLACK v. COMER

No. 1031889.

920 So.2d 1083 (2005)

Clifford BLACK, M.D. v. Holley Lynn COMER.

Supreme Court of Alabama.

July 15, 2005.

Attorney(s) appearing for the Case

Thomas W. Christian, Robert E. Cooper, and Deborah Alley Smith of Christian & Small, LLP, Birmingham, for appellant.

D. Leon Ashford and Sandra Payne Hagood of Hare, Wynn, Newell & Newton, LLP, Birmingham; and Debra M. Mestre of Mestre & Kelley, Birmingham, for appellee.

W. Stancil Starnes, Sybil Vogtle Abbot, and Ashley E. Watkins of Starnes & Atchison, LLP, Birmingham, for amicus curiae Medical Association of the State of Alabama, in support of appellant.

HARWOOD, Justice.

Dr. Clifford Black, a defendant in a case in the Calhoun Circuit Court, appeals from a summary judgment in favor of Holley Lynn Comer, his former patient and the plaintiff below. After Dr. Black performed a laparotomy on Comer, Comer sued Dr. Black, stating claims based on several theories, including battery and, as eventually framed by the parties, a failure to obtain consent. The claims related to Dr. Black's surgical removal from Comer's abdomen...

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