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CONTE v. GIRARD ORTHOPAEDIC SURGEONS MEDICAL GROUP, INC.

No. D040023.

132 Cal.Rptr.2d 855 (2003)

107 Cal.App.4th 1260

Jeffrey CONTE, Plaintiff and Appellant, v. GIRARD ORTHOPAEDIC SURGEONS MEDICAL GROUP, INC., et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

April 18, 2003.

Attorney(s) appearing for the Case

Stephen G. Root, Encinitas, for Plaintiff and Appellant.

Neil, Dymott, Perkins, Brown & Frank, Michael I. Neil, Clark R. Hudson, San Diego, and David P. Burke for Defendants and Respondents.

KREMER, P.J.

Plaintiff Jeffrey Conte appeals a judgment after jury trial favoring defendants Girard Orthopaedic Surgeons Medical Group, Inc. and Michael P. Kimball, M.D. (together Girard) on his complaint for medical battery and medical malpractice. Conte contends the trial court erred in granting a nonsuit on his medical battery cause of action.1 We affirm the judgment.

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