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WIMPEE EX REL. JOHNSTON V. STELLA, 791 SO.2D 915 (ALA. 2000)

Mother and child brought medical malpractice action against residents in training employed by state university hospital, alleging that they were negligent in delivering child. The Mobile Circuit Court, No. CV-96-157, Joseph S. Johnston, J., entered summary judgment for residents. Plaintiffs appealed. On grant of rehearing, the Supreme Court, Brown, J., held that residents were not entitled to discretionary-function immunity. Reversed and remanded.
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