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KAISER-BAUER v. MULLAN

No. C3-99-1396.

609 N.W.2d 905 (2000)

Terry S. KAISER-BAUER, Respondent, v. John C. MULLAN, M.D., et al., Appellants.

Court of Appeals of Minnesota.

May 2, 2000.

Attorney(s) appearing for the Case

Joseph R. Klein, Moss & Barnett, P.A., Minneapolis, for respondent.

William H. Leary III, Geraghty, O'Loughlin & Kenney, P.A., St. Paul, for appellants.

Considered and decided by DAVIES, Presiding Judge, LANSING, Judge, and HARTEN, Judge.

OPINION

LANSING, Judge

Terry Kaiser-Bauer brought a medical-malpractice action against John Mullan, alleging negligence in the performance of carpal-tunnel surgery and the administration of post-operative care. The jury returned a special verdict in Kaiser-Bauer's favor and awarded her approximately $132,000 in damages. Because the trial judge improperly submitted two of Kaiser-Bauer's three negligence theories to the jury and the evidence does not conclusively...

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