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GAYNOR v. WASHINGTON UNIVERSITY

No. ED 90358.

261 S.W.3d 650 (2008)

Frieda L. GAYNOR, Plaintiff/Appellant, v. WASHINGTON UNIVERSITY, Barnes-Jewish Hospital, Andrea A. Vannucci, M.D., Joseph Borrelli, M.D., and John Doe, M.D., Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 29, 2008.

Application for Transfer Denied September 30, 2008.

Attorney(s) appearing for the Case

Robert J. Maurer, Anzalone & Fiser, Clayton, MO, for appellant.

David P. Ellington, Brenda K. Hamilton, Brown & James, P.C., St. Louis, MO, for respondents Washington University, Andrea Vannucci, M.D., and Joseph Borrelli, M.D.

Lisa A. Larkin, Steven S. Wasserman, Williams Venker & Sanders LLC, St. Louis, MO, for respondent Barnes-Jewish Hospital.

KATHIANNE KNAUP CRANE, Presiding Judge.

Plaintiff appeals from the judgment of the trial court dismissing her medical malpractice action based on res ipsa loquitur on the ground that she failed to file the health care affidavits required by section 538.225 RSMo (2005 Supp.).1 In her sole point on appeal, she contends that the trial court erred in dismissing her action. She reasons that she should be exempt from filing the affidavits...

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