BEATY v. ST. LUKE'S HOSP. OF KANSAS CITY

No. WD 69441.

298 S.W.3d 554 (2009)

Frederick BEATY and Barbara Beaty, Appellants, v. ST. LUKE'S HOSPITAL OF KANSAS CITY, Desmond J. Young, M.D., Cardiovascular Consultants, P.C., and Martin Henry Zink, M.D., Respondents.

Missouri Court of Appeals, Western District.

November 17, 2009.


Attorney(s) appearing for the Case

Sherry D. DeJanes, Esq., Kansas City, MO, for appellant.

Marc K. Erickson, Esq., and Jeffrey M. Kuntz, Esq., for St. Lukes and D.J. Young, Timothy M. Aylward, Esq., and Jessica J. Shaw, Esq., for Cardiovascular Const. and MH Zink, Kansas City, MO, for respondent.

BEFORE DIVISION ONE: ALOK AHUJA, Presiding Judge, JAMES M. SMART and LISA WHITE HARDWICK, Judges.


LISA WHITE HARDWICK, Judge.

Following a jury verdict, Frederick and Barbara Beaty appeal a judgment denying their medical negligence claims against the defendants, St. Luke's Hospital of Kansas City, Dr. Desmond Young, Cardiovascular Consultants, P.A., and Dr. Martin Zink III. The Beatys contend the circuit court abused its discretion in: (1) allowing a treating physician to testify as a defense expert after the physician had an ex parte contact with defense...

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