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TOPPINO v. HERHAHN

No. 5912.

673 P.2d 1318 (1983)

100 N.M. 585

Janice TOPPINO, Plaintiff-Appellee, Cross-Appellant, v. Frank F. HERHAHN, M.D., Defendant-Appellant, Cross-Appellee.

Court of Appeals of New Mexico.

May 10, 1983.

Attorney(s) appearing for the Case

James R. Toulouse, Lawrence W. Allred, Toulouse, Toulouse & Garcia, P.A., Albuquerque, for plaintiff-appellee, cross-appellant.

Bruce Hall, Debra Romero Thal, Ellen G. Thorne, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendant-appellant, cross-appellee.

OPINION

HENDLEY, Judge.

Plaintiff filed suit against defendant for damages arising from plastic surgery to reconstruct her right breast. Damages were claimed under three theories: 1) medical malpractice; 2) breach of express or implied warranties; and 3) lack of informed consent. Plaintiff abandoned the theory of lack of informed consent. The trial court directed a verdict in favor of defendant on the negligence issue. The jury returned a $27,500 verdict...

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