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Jameson v. Desta, No. D053089

In plaintiff's medical malpractice suit against defendant-doctor who treated plaintiff while he was incarcerated at a correctional facility, dismissal of the suit is reversed as the trial court erred in dismissing the action on the ground that plaintiff failed to appear telephonically at a case management conference and a at a subsequent hearing on an order to show cause, as the record clearly indicates that plaintiff notified the trial court on numerous occasions that prison personnel were not allowing him to communicate telephonically with the court, yet the record does not indicate that the trial court made any inquiry into plaintiff's contentions. 

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Filed November 23, 2009


Opinion by Judge Aaron

For Appellant:    Barry S. Jameson, in pro. per

For Appellee:  Lewis Brisbois Bisgaard & Smith, James J. Wallace II, Lisa Willhelm Cooney and Allison A. Arabian