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BOYD EX REL. MASTIN v. NUNEZ

No. 2011-CT-00444-SCT.

135 So.3d 114 (2014)

Curtis BOYD, by and through Mary MASTIN, next friend, Individually and on Behalf of and for the use and Benefit of Curtis L. Boyd. v. Gregory NUNEZ, M.D.

Supreme Court of Mississippi.

Rehearing Denied April 17, 2014.

Attorney(s) appearing for the Case

John W. Nisbett , Michael A. Heilman , Jackson, Jonathan B. Fairbank , Christopher Thomas Graham , attorneys for appellant.

David W. Upchurch , Robert K. Upchurch , Tupelo, John Mark Mcintosh , Janelle M. Lowrey , Oxford, Joshua S. Wise , Tupelo, attorneys for appellee.

EN BANC.

ON WRIT OF CERTIORARI

DICKINSON, Presiding Justice, for the Court:

¶ 1. In this medical malpractice case, the defendant alleged the plaintiff's discovery response concerning his expert was insufficient. The trial judge ordered the plaintiff to produce the expert for a deposition but, due to illness, the expert was unable to attend the scheduled deposition. Without addressing whether the plaintiff was at

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