LOCKWOOD v. LORD

No. 93-413.

657 A.2d 555 (1994)

Adam D. LOCKWOOD b/n/f Daniel D. Lockwood, Daniel D. Lockwood and Katherine R. Lockwood v. C. Frederick LORD, M.D., C. Frederick Lord, M.D., P.C. and Mountain Orthopedic Associates, Inc.

Supreme Court of Vermont.

Motion for Reargument Denied January 26, 1995.


Attorney(s) appearing for the Case

Louis J. Cattani, Woodsville, NH and Gavin A. Reid of Reid & Balivet, Newbury, for plaintiffs-appellants.

Robert Reis and Lisa Chalidze of Hull, Webber & Reis, Rutland, for defendants-appellees.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


JOHNSON, Justice.

Plaintiffs, Adam Lockwood and his parents, appeal from a judgment notwithstanding the verdict, entered by the court for defendant Dr. Lord, after a jury verdict for plaintiffs. We reverse. Pursuant to V.R.C.P. 50(c), the trial court conditionally ordered a new trial if the judgment notwithstanding the verdict were reversed. We conclude that the grant of a new trial on the basis of the weight of the evidence was an abuse of the trial court's discretion...

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