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DUCKER v. MOORE

No. 92-CA-00362-SCT.

680 So.2d 808 (1996)

Ferris DUCKER and Irene Ducker, Individually and as Parents and Next Friends of Hollie D. Ducker, Their Daughter v. William R. MOORE, Administrator of the Estate of Joe K. Moore, M.D., Deceased.

Supreme Court of Mississippi.

September 12, 1996.

Attorney(s) appearing for the Case

D. Ronald Musgrove, Smith & Musgrove, Batesville, for appellant.

S. Duke Goza, Hickman Goza & Gore, Benjamin H. Sanders, Webb Sanders Deaton Balducci Smith & Faulks, Oxford, for appellee.

En Banc.

McRAE, Justice, for the Court:

Ferris and Irene Ducker appeal a January 21, 1991, order of the Lafayette County Circuit Court denying their motion for a new trial, or in the alternative, for a j.n.o.v., after a jury found that the estate of Dr. Joe K. Moore was not liable for complications their daughter, Hollie, suffered after injuring her wrist. Although the circuit court erroneously allowed a jury instruction using the phrase "error of judgment," which we have...

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