Opinion
No. 126533.
December 27, 2004.
SC: 126533, COA: 244698.
Leave to Appeal Denied.
KELLY, J. ( dissenting). I would reverse in part the judgment of the Court of Appeals, and would reinstate the plaintiff's claim of malpractice to the extent that it alleges that the second surgery was a result of the nurse's failure to accurately account for the sponge.