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DITTO v. McCURDY

No. 17346.

947 P.2d 952 (1997)

86 Hawai`i 84

Janie DITTO, Plaintiff-Appellee, v. John A. McCURDY, Jr., M.D., Defendant-Appellant, and Karla Scarpiova, Defendant.

Supreme Court of Hawai`i.

Reconsideration Denied November 17, 1997.

Attorney(s) appearing for the Case

Peter Van Name Esser, Honolulu, for defendant-appellant John A. McCurdy, Jr., M.D., on the writ.

David C. Schutter and Christopher A. Dias, (of David C. Schutter & Associates), Honolulu, for plaintiff-appellee Janie Ditto, on the answer.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

MOON, Chief Justice.

We granted defendant-appellant-petitioner John A. McCurdy, Jr., M.D.'s (Dr. McCurdy) petition for a writ of certiorari to review the decision of the Intermediate Court of Appeals (ICA) in Ditto v. McCurdy, 86 Haw. 93, 947 P.2d 961 (App.1997). For the reasons discussed below, we (1) reverse the jury's finding of liability with respect to fraud; (2) vacate the jury's award...

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