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LOUNSBURY v. CAPEL

No. 910584-CA.

836 P.2d 188 (1992)

Michel LOUNSBURY, Plaintiff and Appellant, v. Neal C. CAPEL, M.D., Defendant and Appellee.

Court of Appeals of Utah.

Rehearing Denied August 18, 1992.

Certiorari Denied December 1, 1992.

Attorney(s) appearing for the Case

Floyd W. Holm, Cedar City, for plaintiff and appellant.

Elliot J. Williams and Elizabeth King, Salt Lake City, for defendant and appellee.

Before BENCH, P.J., and GREENWOOD and ORME, JJ.

OPINION

ORME, Judge:

Plaintiff, Michel Lounsbury, sought to recover damages from defendant, Dr. Neal Capel, alleging that Dr. Capel performed surgery on him without his consent. At trial, a jury was impaneled and heard opening statements. However, the parties at that point agreed that, prior to presenting their respective cases to the jury, they would present their evidence to the court by proffer, and ask the court to rule on what amounted to a motion for...

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