ESTATE OF SWAN v. BALAN

No. 658, 2007.

956 A.2d 1222 (2008)

The ESTATE OF Constance SWAN, Plaintiff Below, Appellant, v. Alexander D. BALAN, M.D., Individually, and Alexander D. Balan, M.D., P.A., a Delaware Corporation, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: September 9, 2008.


Attorney(s) appearing for the Case

Randall E. Robbins, Esquire, of Ashby & Geddes, Wilmington, DE, for appellant.

John D. Balaguer, Esquire and William L. Doerler, Esquire, of White and Williams, LLP, Wilmington, DE, for appellees.

Before BERGER, JACOBS and RIDGELY, Justices.


BERGER, Justice:

In this medical malpractice action, a jury found that the doctor was negligent, but that his negligence was not a proximate cause of the patient's injury. Appellant seeks a new trial, arguing that opposing counsel's improper comments during closing argument were unduly prejudicial and that the verdict was against the great weight of the evidence. Because the trial court acted within its discretion in addressing appellant's objections to the closing...

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