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HARRIS v. GALLAHER

407 A.2d 531 (1979)

Truman E. HARRIS, Individually and as Administrator of the Estate of Christine E. Harris, Plaintiff Below, Appellant, v. Phyllis D. GALLAHER, M.D., Defendant Below, Appellee.

Supreme Court of Delaware.

Decided October 4, 1979.

Rehearing Denied November 2, 1979.

Attorney(s) appearing for the Case

C. Waggaman Berl, Jr., Wilmington, for appellant.

Jane R. Roth, of Richards, Layton & Finger, Wilmington, for appellee.

Before McNEILLY, QUILLEN and HORSEY, JJ.

PER CURIAM:

In this medical malpractice case before this Court for a second time,* plaintiff, decedent's personal representative, appeals Superior Court's directed verdict for defendant physician following grant of mistrial for inability of jury to reach a verdict.

The question on appeal is the correctness of the Superior Court's ruling that decedent was contributorily negligent as a matter...

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