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WITTEN v. PACK

No. 2005-SC-000414-DG.

237 S.W.3d 133 (2007)

Carroll L. WITTEN, Jr., M.D., and Witten, Sherman & Catalano, PLLC, Appellants v. Bonnie PACK, Administratrix for the Estate of James Pack, Appellee.

Supreme Court of Kentucky.

November 1, 2007.

Attorney(s) appearing for the Case

James P. Grohmann, O'Bryan, Brown & Toner, Louisville, KY, Counsel for Appellant.

Gary R. Hillerich, Louisville, KY, Counsel for Appellee.

Opinion of the Court by Justice SCOTT.

Appellants, Carroll L. Witten, Jr., M.D. and Witten, Sherman & Catalano, PLLC, appeal from a decision of the Court of Appeals overturning a jury verdict in their favor in this medical malpractice action. The Court of Appeals held that Dr. Witten, an orthopedic surgeon, was negligent as a matter of law for slipping in the operating room while holding a patient's leg. This matter is before us on discretionary review.

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