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DI FILIPPO v. PRESTON

173 A.2d 333 (1961)

Anthony DI FILIPPO and Anne C. DiFilippo, Plaintiffs Below, Appellants, v. Daniel J. PRESTON, Defendant Below, Appellee.

Supreme Court of Delaware.

Reargument Denied July 21, 1961.

Attorney(s) appearing for the Case

John M. Bader, of Bader & Biggs, and A. James Gallo, Wilmington, for appellants.

Edmund N. Carpenter, II, and E. Norman Veasey, of Richards, Layton & Finger, Wilmington, for appellee.

Before SOUTHERLAND, Chief Justice, WOLCOTT, Justice, and DUFFY, Judge, sitting.

WOLCOTT, Justice.

This is an appeal from a judgment entered on a directed verdict for the defendant in an action for personal injuries and medical expenses resulting from alleged malpractice of the defendant, a surgeon of Wilmington, Delaware. The plaintiffs, wife and husband, appeal.

Anne C. DiFilippo, one of the plaintiffs, is a 43-year old housewife. In April of 1957 she consulted her family physician, Dr. Russo, complaining of a visible lump in her throat...

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