JOHNSON, J.
The defendant appeals, in No. 85-540, from the Trial Court's (Dunfey, C.J.) order granting the plaintiff's motion for a new trial in her wrongful death action. The plaintiff appeals, in No. 85-198, from the court's grant of the defendant's motion for summary judgment in the plaintiff's contract action. This is the second time that we have considered this case. In Hodgdon v. Weeks Memorial Hospital,
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