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RIXEY v. WEST PACES FERRY HOSP., INC.

No. 89-8171.

916 F.2d 608 (1990)

John F. RIXEY, Individually and as Administrator of the Estate of Thomas Corneth Rixey, Deceased, Plaintiff-Appellant, v. WEST PACES FERRY HOSPITAL, INC., A Georgia Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 1, 1990.

Attorney(s) appearing for the Case

William C. Lanham, Clark H. McGehee, Johnson & Ward, Atlanta, Ga., for plaintiff-appellant.

Daryll Love, Robert P. Monyak, Thomas K. Foster, Love and Willingham, W. Ray Eckl, Drew, Eckl & Farnham, Atlanta, Ga., for defendant-appellee.

Before HATCHETT and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In this diversity of citizenship case, a jury found a doctor and hospital liable for medical malpractice and awarded substantial damages. We are asked to determine whether the district court properly granted motions for judgment notwithstanding the verdicts, a new trial, and a conditional new trial. Concluding that the district court erroneously granted these motions, we reverse.

FACTS

On April 18, 1986, Thomas C. Rixey,...

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