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RIGGINS v. MAURIELLO

603 A.2d 827 (1992)

David RIGGINS, Plaintiff Below, Appellant, v. Charles A. MAURIELLO, D.O., Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: February 21, 1992.

Attorney(s) appearing for the Case

Ben T. Castle and Melanie K. Sharp of Young, Conaway, Stargatt & Taylor, Joseph J. Rhoades, Wilmington, for appellant.

John A. Elzufon of Elzufon, Austin & Drexler, P.A., Wilmington, for appellee.

Before HORSEY, MOORE and HOLLAND, JJ.

MOORE, Justice.

This medical malpractice action was brought by the appellant, David Riggins ("Riggins"), against Dr. Charles A. Mauriello, an osteopathic physician. Riggins appeals the Superior Court's denial of his motion for a new trial. The jury was given a standard charge, without objection from Riggins, that a "mere error of judgment" by a physician was not actionable. A verdict was returned in favor of Dr. Mauriello. In this motion for a new trial Riggins argued...

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