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COLEMAN v. MERITT

Nos. SD 28678, SD 28680.

292 S.W.3d 339 (2009)

Susan COLEMAN, as Surviving Heir of Ruthie Lacey, Deceased, Respondent/Cross-Appellant, v. James Darin MERITT, M.D., Respondent, and W.J. Stoecker, M.D., Appellant/Cross-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Petition for Rehearing or Reconsideration and Transfer Denied June 2, 2009.

Application for Transfer Denied September 1, 2009.

Attorney(s) appearing for the Case

Kevin J. Davidson and David M. Zevan, Zevan Davidson Farris Stewart, LLC, St. Louis, for Respondent.

Robyn Greifzu Fox, Catherine Vale Jochens, Moser & Marsalek, P.C., Matthew S. Hendricks, Baker Sterchi Cowden & Rice, L.L.C., St. Louis, for Appellant.

DANIEL E. SCOTT, Presiding Judge.

Ruth Lacey had abdomen pain on a Friday morning in 2002. Early that afternoon she saw Dr. James Meritt, who sent her to the hospital in Dexter for a CT scan, after which she went home.

The hospital electronically transmitted Ms. Lacey's CT scan images1 to Dr. W.J. Stoecker, a Cape Girardeau radiologist who looked for, but saw no free intraperitoneal air which would have indicated a surgical emergency...

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