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BERRY v. CARDIOLOGY CONSULTANTS, P.A.

C.A. No.: 04C-10-102 SCD.

909 A.2d 611 (2006)

Anne BERRY, individually and in her Capacities as Surviving Spouse of Howard Scott Berry, and as Administratrix of the Estate of Howard Scott Berry, Deceased; Marion Wilcox; Michael Berry; and Howard Scott Berry, Jr.; Plaintiffs, v. CARDIOLOGY CONSULTANTS, P.A.; a Delaware corporation; Andrew Doorey, M.D.; Defendants.

Superior Court of Delaware, New Castle County.

Decided: October 31, 2006.

Attorney(s) appearing for the Case

Ben T. Castle, Esquire, and Natalie Wolf, Esquire, Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware, attorneys for the plaintiffs.

Bradley J. Goewert, Esquire, and Lorenza A. Wolhar, Esquire, Marshall, Dennehy, Warner, Coleman & Goggin, Wilmington, Delaware, attorneys for the defendants.

DEL PESCO, J.

After a jury verdict in favor of the defendants, cardiologist Andrew Doorey, M.D. ("Dr. Doorey"), and his employer, Cardiology Consultants, P.A., in this medical negligence case, the plaintiffs filed a motion for post-trial relief. They present two arguments. First, that the Court erred in admitting into evidence an algorithm offered through a defense expert witness. Second, that the verdict was against the weight of the evidence. I conclude that the...

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