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leave to re-allege that element of damage in
a more specific fashion;
f. Paragraph 79p is stricken, and Plaintiffs have
leave to more specifically plead Paragraph p
setting forth what constitutes the incompetence;
g. With regard to Count V, the Court makes the same
rulings as set forth above that were made in Count
IV;
3. All of Defendant McGOWAN'S remaining Motions are denied +
except as follows: ~ `
a. .The Court makes the~same ruling as to Paragraph 58
that is set forth above and incorporates herein
the same rulings. as set forth above; ?
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4. All of the remaining Motions of Defendant HOSPITAL
CORPORATION OF AMERICA are denied except as follows:
a. Paragraph 21 is stricken with leave for Plaintiffs
to more specifically re-allege those allegations;
b. The word "incompetency" is stricken from Paragraph
36 with leave for Plaintiffs to more specifically
plead the nature of incompetency;
c. In accordance with the rulings set forth as to ~
Defendant BALITON'S Motions-which are incorporated
for all Defendants•in this Order, ruling is with-
held as to Defendant's failure of•Board certification
examinations alleged in Paragraph 63a;
d. The words "sloppy" and "inept" are stricken from
Paragraph 63g, and by this Order the"word "negli- _
gence" will be inserted in their place;
e. The word "always" is stricken from Paragraph 63i
~I without prejudice to Plaintiffs to present that
i as evidence;
f. Paragraph 63s is stricken with leave for Plaintiffs
to more specifically-set forth that allegation;
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5. All of Defendant FORT PIERCE MEMORIAL HOSPITAL'S remain-,
ing Motions are denied except as follows:
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a. The same rulings made on behalf of HOSPITAL CORPORATION
OF AMERICA in Count I are hereby made as to FORT PIERCE
MEMORIAL HOSPITAL in Count II;
b. The rulings with respect to the above Defendants are
. also incorporated herein;
~ 6. Plaintiffs' Amended Complaint in response to this Order
~ having already been filed, the Defendants have twenty (20) days
{ from the date of this Order in which to respond.
DONE AND. ORDERED in Chambers at Fort Pierce, St. Lucie County,
-2-
80~ JcX7 PACE
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