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McCARTY v. MLADINEO

No. 91-CA-00455.

636 So.2d 377 (1994)

Rebecca B. McCARTY and Norman McCarty v. John P. MLADINEO, M.D.

Supreme Court of Mississippi.

Rehearing Denied June 2, 1994.

Attorney(s) appearing for the Case

Barry W. Gilmer, Gilmer Law Firm, Jackson, for appellant.

Whitman B. Johnson, III, Steen Reynolds Dalehite & Currie, Jackson, for appellee.

Before DAN M. LEE, P.J., and SULLIVAN and BANKS, JJ.

SULLIVAN, Justice, for the Court:

Rebecca McCarty and her husband, Norman McCarty, filed suit against Dr. John Mladineo, alleging breach of the professional standard of care. A week-long trial before Special Judge James Sumner resulted in a verdict in Dr. Mladineo's favor. Judge Sumner having denied their motions for j.n.o.v. and new trial, the McCartys appeal, assigning six errors.

We reverse and remand for a new trial, based on a combination of two out of...

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