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BYERLY v. MADSEN

No. 6178-7-III.

41 Wn. App. 495 (1985)

704 P.2d 1236

MARION JACQUELINE BYERLY, Individually and as Personal Representative, ET AL, Respondents, v. ARTHUR J. MADSEN, ET AL, Appellants.

The Court of Appeals of Washington, Division Three.

August 15, 1985.

Attorney(s) appearing for the Case

Michael J. Hemovich, Carl Oreskovich, and Hemovich & Nappi, for appellant Madsen.

Frank Johnson, Patrick Connelly, and MacGillivray & Jones, for appellant Sacred Heart Medical Center.

Terence Whitten, Clark Richards, and Lukins & Annis, for appellant Allen.

Ronald Mullin and Mullin, Etter & Cronin, P.S., for respondents.

McINTURFF, A.C.J.

Defendants, Drs. Arthur Madsen and Max Allen and Sacred Heart Medical Center appeal the superior court order vacating a jury verdict in their favor in a malpractice action and granting a new trial to the plaintiffs, Marion Byerly and her four daughters. The Byerlys cross-appeal from the court's denial of their motion for a directed verdict against the hospital on the issue of negligence. We affirm the order for a new trial, but reverse the denial...

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