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ENGLE v. BAPTIST HEALTHCARE SYSTEM, INC.

Nos. 2009-CA-002170-MR, 2009-CA-00209-MR.

336 S.W.3d 116 (2011)

Charles ENGLE, Executor of the Estate of Jeanette Jewell Rose, Deceased, Appellant/Cross-Appellee, v. BAPTIST HEALTHCARE SYSTEM, INC., d/b/a Baptist Regional Medical Center, Appellee/Cross-Appellant.

Court of Appeals of Kentucky.

February 25, 2011.

Attorney(s) appearing for the Case

Sara Beth Gregory , Thomas E. Carroll , Monticello, KY, for appellant/cross-appellee.

Charles D. Aaron, Jr. , Lexington, KY, for appellee/cross-appellant.

Before DIXON and MOORE, Judges; ISAAC, Senior Judge.

OPINION

MOORE, Judge:

This matter involves an appeal and protective cross-appeal of a defense verdict in a medical negligence action regarding care and treatment provided to Jeanette Rose by Baptist Healthcare System, Inc., d/b/a Baptist Regional Medical Center (Baptist). After careful review, we reverse the defense verdict and remand this matter for a new trial.

I. STATEMENT OF FACTS/PROCEDURAL HISTORY

On November 15, 2003, Rose...

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