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FIELDS v. WOMACK

Nos. 2007-CA-001255-MR, 2007-CA-001337-MR, 2007-CA-001361-MR.

294 S.W.3d 470 (2009)

Larry S. FIELDS, M.D., Appellant, v. Andrea WOMACK, Administrator of the Estate of Homer T. Womack, Jr.; Noah Thomas Homer Womack, Through His Guardian, Cheryl Miller; and American Physicians Assurance Corporation, Appellees. and Andrea Womack, Administratrix of the Estate of Homer T. Womack; and Noah Thomas Womack, Through His Guardian and Next Friend, Cheryl Miller; Cross-Appellants, v. Larry S. Fields, M.D.; and Family Medicine Center, P.L.L.C., Cross-Appellees. and Family Medicine Center, P.L.L.C., Cross-Appellant, v. Andrea Womack, Administrator of the Estate of Homer T. Womack, Jr.; and Noah Thomas Homer Womack, Through His Guardian, Cheryl Lynn Miller, Cross-Appellees.

Court of Appeals of Kentucky.

September 11, 2009.

Attorney(s) appearing for the Case

David O. Welch, Ashland, KY, for Appellant/Cross-Appellee, Larry S. Fields, M.D.; and for Cross-Appellee/Cross-Appellant, Family Medicine Practice, P.L.L.C.

Jerome P. Prather, Lexington, KY, for Appellees/Cross-Appellants, Andrea and Noah Womack.

Walter E. Haggerty, Cincinnati, OH, for Appellee/Cross-Appellant, American Physicians Assurance Corporation.

Before CLAYTON and THOMPSON, Judges; LAMBERT, Senior Judge.

OPINION

LAMBERT, Senior Judge.

The instant appeal presents three issues for our review. Appellants/Cross-Appellees, Larry S. Fields, M.D. and Family Medicine Center, P.L.L.C., contend that the trial court erred in approving a mediated settlement of a medical negligence claim brought against them. They further argue that it was error for the trial court to deny their motions to dismiss the underlying claim for untimeliness. Appellees/Cross-Appellants...

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