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DEYO v. KINLEY

No. 88-025.

565 A.2d 1286 (1989)

Thomas E. DEYO and Janice P. Deyo v. Donald L. KINLEY, M.D.

Supreme Court of Vermont.

Motion for Reargument Denied July 25, 1989.

Attorney(s) appearing for the Case

Kiel & Boylan, Springfield, for plaintiffs-appellees.

Allan R. Keyes and Ellen W. Burgess of Ryan Smith & Carbine, Ltd., Rutland, for defendant-appellant.

Before ALLEN, C.J., DOOLEY and MORSE, JJ., and MARTIN, Supr. J., Specially Assigned.

DOOLEY, Justice.

Thomas and Janice Deyo, husband and wife, brought an action for medical malpractice against Donald L. Kinley, M.D. in August, 1985, in Windham Superior Court. Plaintiffs, appellees here, alleged negligent diagnosis and treatment of Mr. Deyo's spinal condition. Trial by jury resulted in judgment for plaintiffs: $550,343.45 awarded to Thomas; $125,000.00 awarded to Janice. After denial of his motions for a new trial or, in the alternative, for remittitur...

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