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MALLOY v. CALDWELL

No. 107,318. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

251 P.3d 183 (2010)

2011 OK CIV APP 26

Patrick MALLOY, III, As Bankruptcy Trustee for Constance Quarles, Spouse of James Q. Quarles, Plaintiff/Appellant, v. George B. CALDWELL, M.D. and Emergency Care, Inc. d/b/a Medcenter II of Tulsa, Inc., Defendants/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 4.

Certiorari Denied February 7, 2011.

Attorney(s) appearing for the Case

Stephen J. Capron , Capron & Edwards, PLLC, Tulsa, OK, for Plaintiff/Appellant.

Matthew B. Free , Dan Ernst , Amy Kempfort , Best & Sharp, Tulsa, OK, for Defendants/Appellees.

KEITH RAPP, Judge.

¶ 1 The trial court plaintiff, Patrick Malloy, III, (Malloy) as bankruptcy trustee for Constance Quarles (Quarles), spouse of James Q. Quarles, deceased, appeals a judgment entered on the jury verdict in favor of the defendants, George B. Caldwell, M.D. (Caldwell) and Emergency Care, Inc.(Emergency Care).1

BACKGROUND

¶ 2 This case involves a claim of medical malpractice against Caldwell arising...

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