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HUSS v. GAYDEN

No. 04-60962.

571 F.3d 442 (2009)

Barbara HUSS; Rodney Huss, Plaintiffs-Appellees, v. John Overton GAYDEN, M.D.; Memphis Obstetrics and Gynecological Association, PC, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 10, 2009.

Attorney(s) appearing for the Case

Ralph E. Chapman, Chapman, Lewis & Swan, Clarksdale, MS, John H. Daniels, III, Dyer, Dyer, Jones & Daniels, Greenville, MS, Jane Horne Myers Virden (argued), Chapman, Lewis & Swan, Madison, MS, for Plaintiffs-Appellees.

Mark Priestly Caraway (argued), Meta S. Copeland, Wise Carter Child & Caraway, Jackson, MS, for Defendants-Appellants.

Before HIGGINBOTHAM, DeMOSS and OWEN, Circuit Judges.

DeMOSS, Circuit Judge:

In this medical malpractice diversity suit, defendants appeal a jury's $3.5 million award to plaintiff Barbara Huss. We reverse and remand for a new trial.

I.

We begin with a brief overview of this litigation. Barbara Huss and her husband Rodney Huss filed this lawsuit on June 30, 2000. The parties consented to have the case heard before a magistrate judge. Trial was held in Greenville, Mississippi on August 17-20, 2004. A...

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