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RENDERED: FEBRUARY 28, 2003; 2:00 p.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky
Court of Appeals

NO. 2001-CA-000977-MR

MARSHALL TAYLOR APPELLANT

APPEAL FROM FLOYD CIRCUIT COURT

v. HONORABLE JOHN DAVID CAUDILL, JUDGE
ACTION NO. 99-CI-00662

DR. GREG WHEELER APPELLEE

OPINION
AFFIRMING
** ** ** ** **
BEFORE: BARBER, BUCKINGHAM, AND HUDDLESTON, JUDGES.
BUCKINGHAM, JUDGE: Marshall Taylor appeals from a summary
judgment granted by the Floyd Circuit Court dismissing his
complaint of medical negligence against Dr. Greg Wheeler. The
circuit court correctly granted summary judgment, and we thus
affirm.
In 1997 Taylor was referred to Dr. Wheeler, a
neurosurgeon, concerning neck pain and other problems stemming
from an on-the-job accident that occurred on April 11, 1997. On

October 30, 1997, Dr. Wheeler performed an anterior cervical

discectomy C4-C5 with spinal cord decompression and allograft
and instrumentation fusion. Although some improvement was
noted, Taylor continued to experience pain and was again
referred to Dr. Wheeler. On June 30, 1998, Wheeler performed an
anterior cervical discectomy with structural allografting
instrumental fusion at C3-C4 with exploration of fusion C4-C5.
On August 5, 1999, Taylor filed a civil complaint against Dr.
Wheeler in the Floyd Circuit Court. The complaint alleged
medical negligence by Dr. Wheeler.

Following the filing of the civil complaint against
Dr. Wheeler, he attempted to use the discovery procedures
provided in the Kentucky Rules of Civil Procedure (CR) to learn
the details of Taylor

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