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SMITH v. CENTRAL VERMONT HOSP., INC.

No. 03-378.

868 A.2d 665 (2005)

2004 VT 113

Susan C. SMITH, Administratrix of the Estate of Shaun M. Smith v. CENTRAL VERMONT HOSPITAL, INC., Central Vermont Medical Center, Inc., and Gary H. Goldberg, M.D.

Supreme Court of Vermont.

Motion for Reargument Denied January 20, 2005.

ENTRY ORDER

¶ 1. Plaintiff in this medical malpractice action appeals from a summary judgment of the Washington Superior Court in favor of defendants Dr. Gary H. Goldberg and Central Vermont Hospital. Plaintiff contends the court erred in striking an expert's affidavit and consequently finding a failure of proof on the element of causation. We agree, and therefore reverse and remand.

¶ 2. As found by the trial court, the facts may be briefly...

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