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BURNWATT v. EAR, NOSE & THROAT CONSULTANTS

No. 2008-IA-01563-SCT.

47 So.3d 109 (2010)

Charles BURNWATT and Debra Burnwatt, as Parents and Wrongful Death Beneficiaries of William Alexander Burnwatt, Deceased, on Behalf of Themselves and All Other Wrongful Death Beneficiaries of William Alexander Burnwatt, Deceased v. EAR, NOSE & THROAT CONSULTANTS OF NORTH MISSISSIPPI, PLLC and John F. Laurenzo, M.D.

Supreme Court of Mississippi.

Rehearing Denied November 18, 2010.

Attorney(s) appearing for the Case

Cynthia Mitchell , John H. Cocke , Charles M. Merkel, III , Clarksdale, attorneys for appellants.

Shelby Kirk Milam , S. Duke Goza , Oxford, Dion Jeffery Shanley , attorneys for appellees.

EN BANC.

CHANDLER, Justice, for the Court:

¶ 1. This case is before the Court on interlocutory appeal. After a mistrial and prior to a retrial on the matter, the trial court denied the Burnwatts' renewed motion to exclude an expert witness's testimony. Following that decision, the Burnwatts petitioned this Court for an interlocutory appeal.

¶ 2. On July 28, 2001, Alex Burnwatt (Alex) had a tonsillectomy at Baptist...

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