FAST v. MARSTON

No. SC 89734.

282 S.W.3d 346 (2009)

Robert E. FAST, M.D., et al., Appellants, v. F. James MARSTON, M.D., Respondent.

Supreme Court of Missouri, En Banc.

May 5, 2009.


Attorney(s) appearing for the Case

Paula Brown, Timothy S. Frets, Douthit Frets Rouse Entile & Rhodes, L.L.C., Kansas City, MO, for Apellants.

Peter Maharry, Fischer, Patterson, Sayler & Smith, LLP, Overland Park, KS, for Respondent.


RICHARD B. TEITELMAN, Judge.

Dr. Robert Fast appeals a summary judgment entered in favor of Dr. James Marston on Dr. Fast's petition for indemnity against Dr. Marston. The judgment is affirmed.

FACTS

In 1997, Dr. Marston and Dr. Fast performed a surgical procedure on Kimberly Black. In 2003, another physician discovered that a surgical sponge had been left in the surgical site. Black filed a medical...

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