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DEMERS v. GERETY

No. 1098.

515 P.2d 645 (1973)

85 N.M. 641

Henry C. DEMERS, Plaintiff-Appellee Cross-Appellant, v. Edward J. GERETY, Defendant-Appellant Cross-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted October 30, 1973.

Attorney(s) appearing for the Case

Bruce D. Hall, Stuart S. Keown, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendant-appellant and cross-appellee.

Charles G. Berry, Marchiondo & Berry, Mary C. Walters, Albuquerque, for plaintiff-appellee and cross-appellant.

OPINION

HENDLEY, Judge.

After consideration of defendant's motion for rehearing, the original opinion is withdrawn and the following opinion is substituted.

From an adverse judgment in a medical malpractice case, entered pursuant to jury verdict, defendant appeals. The appeal raises three issues: (1) whether a verdict should have been directed or judgment n.o.v. entered; (2) whether certain instructions were correct; (3) whether the court erred in...

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