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RUTHERFORD v. ZEARFOSS

Record No. 781364.

272 S.E.2d 225 (1980)

Matthew V. RUTHERFORD, by his mother and next friend, Greta Rutherford v. John ZEARFOSS.

Supreme Court of Virginia.

November 26, 1980.

Attorney(s) appearing for the Case

Jack S. Rhoades, Alexandria (J. Ronald Lynch; Howard, Stevens, Lynch, Cake & Howard, P. C., Alexandria, on briefs), for appellant.

R. Harrison Pledger, Jr., McLean, for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF, COMPTON and THOMPSON, JJ.

THOMPSON, Justice.

This appeal involves a medical malpractice claim in which the jury returned a verdict for the plaintiff in the amount of $1.5 million. The trial court set aside the verdict as excessive and granted a new trial on all issues. At the second trial final judgment was entered for the defendant. This appeal is limited to the consideration of two issues: (1) Was the jury verdict in the amount of $1.5 million excessive? and (2) if it was, should the trial...

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