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DAVIS v. VENABLE

No. 48549.

709 S.W.2d 148 (1986)

Richard A. DAVIS, Appellant, v. H. Phillip VENABLE, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

May 6, 1986.

Attorney(s) appearing for the Case

Milton W. Schaeffer, Richmond Heights, for appellant.

Robert S. Rosenthal, Catherine R. McBride, St. Louis, for respondent.

ORDER

PER CURIAM.

This is a medical malpractice case. Plaintiff, Richard Davis, appeals a judgment based on a jury verdict in favor of the defendant, Dr. Venable.

Plaintiff failed to file a motion for a new trial. We have, however, exercised our discretion and, under the plain error Rule, Rule 84.13(c), have considered, ex gratia, the points plaintiff asserted in his brief. We find the points to be without merit.

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