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CHAPEL v. ALLISON

No. 88-550.

785 P.2d 204 (1990)

Lawrence A. CHAPEL, Plaintiff and Appellant, v. James G. ALLISON, Defendant and Respondent.

Supreme Court of Montana.

Decided January 12, 1990.

Attorney(s) appearing for the Case

Monte Beck, argued, Larry W. Moran, Bozeman, for plaintiff and appellant.

Gary L. Walton, argued, and John Davis, Poore, Roth & Robinson, Butte, for defendant and respondent.

W. William Leaphart, argued, Mt. Trial Lawyers' Assoc., R. Stephen Browning, Browning, Kaleczyc, Berry & Hoven, Mt. Hosp. Assoc., Helena, Gerald J. Neely, Mt. Medical Assoc., Billings, for amicus curiae.

SHEEHY, Justice.

Lawrence A. Chapel sued Dr. James G. Allison for malpractice in the District Court, Sixth Judicial District, Park County. At the close of Chapel's case in chief, before a jury, the District Court granted Dr. Allison's motion for a directed verdict on the basis that Chapel failed to present sufficient evidence to meet his burden of proof. Chapel appeals the judgment in directed verdict to this Court. We reverse and remand for a new trial under the...

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