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HIERS v. LEMLEY

No. 74386.

834 S.W.2d 729 (1992)

Lorraine HIERS, Personal Representative of the Estate of Gene Hiers, Deceased, and Lorraine Hiers, Plaintiffs/Respondents, v. J. Stephen LEMLEY, M.D. and J. Stephen Lemley, M.D., Inc., Defendants/Appellants.

Supreme Court of Missouri, En Banc.

June 2, 1992.

Attorney(s) appearing for the Case

Morris E. Stokes, Kevin F. O'Malley, Mary L. Reitz, Clayton, for defendants, appellants.

Dowd & Dowd, P.C., Douglas P. Dowd, St. Louis, for plaintiffs, respondents.

HOLSTEIN, Judge.

This case involves the use or, more aptly, misuse of an "Affirmative Converse Instruction" described in MAI 33.01 and 33.05.1 Defendant J. Stephen Lemley submitted what purports to be an affirmative converse in response to the verdict directing instruction in a medical malpractice case. Following a verdict for defendant, the trial court sustained plaintiff Lorraine Hiers' motion for new trial, citing as its reason that...

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