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WOGAN v. KUNZE

No. 26542.

379 S.C. 581 (2008)

666 S.E.2d 901

Phyllis J. WOGAN, individually and as Personal Representative of the Estate of James J. Wogan, Petitioner, v. Kenneth C. KUNZE, M.D.; Hilton Head Gastroenterology, P.A.; Thomas P. Rzecycki, M.D.; Hilton Head General and Laparoscopic Surgery, P.A.; Gary W. Thomas, M.D.; and Gary W. Thomas M.D., P.A., Respondents.

Supreme Court of South Carolina.

Decided September 8, 2008.

Rehearing Denied October 9, 2008.

Attorney(s) appearing for the Case

Samuel S. Svalina and Jennifer I. Campbell, both of Svalina Law Firm, of Beaufort; and Timothy M. Wogan, of Hilton Head Island, for Petitioner.

Elliott T. Halio and Andrew S. Halio, both of Halio & Halio, of Charleston; and Mary Bass Lohr and James S. Gibson, Jr., both of Howell Gibson & Hughes, of Beaufort, for Respondents.

Frederick A. Crawford and Anthony E. Rebollo, both of Richardson, Plowden & Robinson, of Columbia, for Amicus Curiae SC Association of Certified Public Accountants.

Johannes S. Kingma and John C. Rogers, of Atlanta, and Lenna S. Kirchner, of Carlock Copeland Semier & Stair, of Charleston, for Amicus Curiae Abram Serotta & Serotta, Maddocks, Evans & Co.

Justice WALLER.

We granted a writ of certiorari to review the Court of Appeals' opinion in Wogan v. Kunze, 366 S.C. 583, 623 S.E.2d 107 (Ct.App.2005). We affirm the grant of summary judgment in favor of Dr. Kunze, as modified.

FACTS

Petitioner's husband, James J. Wogan, was diagnosed with rectal cancer in 1997 and was treated with chemotherapy by

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