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DIDATO v. STREHLER

Record Nos. 003030, 003031.

554 S.E.2d 42 (2001)

262 Va. 617

Mimi DIDATO v. Paul M. STREHLER, M.D., et al. Gary DIDATO, v. Paul M. Strehler, M.D., et al.

Supreme Court of Virginia.

November 2, 2001.

Attorney(s) appearing for the Case

Thomas W. Williamson, Jr. (Williamson & Lavecchia, on briefs), Richmond, for appellants.

Brian N. Casey (John Franklin, III; Taylor & Walker, on brief), Norfolk, for appellee.

Present All the Justices.

Opinion by Justice LEROY R. HASSELL, SR.

In these consolidated appeals from judgments sustaining the defendants' demurrers in medical negligence actions, we consider whether the plaintiffs' motions for judgment alleged viable causes of action based upon negligence, the assumption of a duty, and the creation of a special relationship.

I.

Mimi Didato and her husband, Gary Didato, filed separate amended motions for judgment against Paul M. Strehler...

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