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BUTLER v. NAYLOR

No. 980037.

987 P.2d 41 (1999)

1999 UT 85

Nina E. BUTLER, Plaintiff and Appellant, v. Robert G. NAYLOR, M.D., Defendant and Appellee.

Supreme Court of Utah.

September 10, 1999.

Attorney(s) appearing for the Case

Robert M. Anderson, Salt Lake City, for plaintiff.

P. Keith Nelson, Mark L. McCarty, for defendant.

HOWE, Chief Justice:

INTRODUCTION

¶ 1 Plaintiff Nina E. Butler brought this action against defendant Robert G. Naylor, M.D., alleging that he negligently performed a sphincterotomy on her. Dr. Naylor denied any negligence, and the jury returned a verdict in his favor. Butler moved for a new trial contending the trial court erred by (1) admitting an excerpt from the Zollinger medical text into evidence as an exhibit and allowing the jury to take it into...

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