FALLERT v. SMITH

No. ED 87722

203 S.W.3d 234 (2006)

TERRY FALLERT Appellant, v. KENNETH SMITH, M.D., Respondent.

Missouri Court of Appeals, Eastern District, Division Two

September 19, 2006


Attorney(s) appearing for the Case

Alan S. Mandel, St. Louis, MO, for Appellant.

T. Michael Ward, St. Louis, MO, for Respondent.

Before George W. Draper III, P.J. and Gary M. Gaertner, Sr. and Robert G. Dowd, Jr., JJ.


ORDER

PER CURIAM.

Plaintiff Terry Fallert ("Faller") appeals from the trial court's entry of summary judgment in favor of Defendant Kenneth Smith, M.D. ("Dr. Smith"), on her petition for abandonment. Fallert contends the trial court erred in entering summary judgment because there are genuine issues of material fact as to whether Dr. Smith abandoned her following the surgery he performed on Fallert.

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