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RUSH v. BLANCHARD

23794

310 S.C. 375 (1993)

426 S.E.2d 802

Lloyd RUSH and Gwendolyn Rush, Respondents/Appellants v. Mary BLANCHARD, M.D., Appellant/Respondent. Lloyd RUSH, as Guardian ad Litem for Antoine Wendell Rush, a minor, Respondents/ Appellants v. Mary BLANCHARD, M.D., Appellant/Respondent.

Supreme Court of South Carolina.

Decided February 1, 1993.

Attorney(s) appearing for the Case

Charles E. Carpenter, Jr. and Deborah L. Harrison, both of Richardson, Plowden, Grier & Howser, Columbia, and M.M. Weinberg, Jr. of Weinberg, Brown & McDougall, Sumter, for appellant/respondent.

Edward L. Graham of Zeigler and Graham, Florence, and Wendell O. Brown of Brown & Pridgen, Kingstree, for the respondents/appellants.

Heard Nov. 6, 1992.

Decided Feb. 1, 1993.

TOAL, Justice:

The issues raised in this appeal and cross appeal are: (1) did the trial court err in refusing to grant a judgment notwithstanding the verdict (JNOV) motion based on the plaintiff's failure to prove cause in fact, (2) did the trial court err in granting a new trial nisi remittitur rather than a new trial absolute, (3) can plaintiffs cross appeal...

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