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McPHAIL v. JENKINS

No. NN-463.

382 So.2d 1329 (1980)

Clark McPHAIL, Individually, Diane McPhail, Individually, and Clark McPhail As Personal Representative of the Estate of Michelle Marie McPhail, Deceased, Appellants, v. G. Frank JENKINS, D.D.S., Appellee.

District Court of Appeal of Florida, First District.

April 25, 1980.

Attorney(s) appearing for the Case

Charles B. Lembcke of Datz, Jacobson & Lembcke, Jacksonville, for appellants.

Carle A. Felton, Jr., and Noah H. Jenerette, Jr. of Boyd, Jenerette, Leemis & Staas, Jacksonville, for appellee.

LARRY G. SMITH, Judge.

Appellants, the McPhails, seek reversal of an order dismissing their complaint for damages arising from the death of their daughter occasioned by her alleged oversedation by appellee, Dr. Jenkins. This tragic event occurred while Dr. Jenkins was removing the wisdom teeth of the McPhail's daughter, who was only fifteen days past her eighteenth birthday on April 12, 1977, the day of her death. The McPhails assert that it was error for the trial...

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