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ROSENTHAL v. KOLARS

No. 45573.

231 N.W.2d 285 (1975)

Jacqueline R. ROSENTHAL, Respondent, v. Charles P. KOLARS, Appellant.

Supreme Court of Minnesota.

June 20, 1975.

Attorney(s) appearing for the Case

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, O. C. Adamson, II, and Burr B. Markham, Minneapolis, for appellant.

Rischmiller & Wasche and Robert Wm. Rischmiller, Minneapolis, for respondent.

Heard before ROGOSHESKE, TODD, and SCOTT, JJ., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

In this medical malpractice action, a trial jury returned a special verdict finding both plaintiff and defendant causally negligent and awarding plaintiff damages. Defendant physician appeals from an order of the Hennepin County District Court denying his motion for judgment notwithstanding the verdict or a new trial. We reverse and, as previously ordered on May 28, 1975, conditionally grant plaintiff the option of a new trial limited to the issue...

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