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GIERIE v. MERCY HOSP.

Docket: Cum-07-31

969 A.2d 944 (2009)

2009 ME 45

Lynn GIERIE et al. v. MERCY HOSPITAL.

Supreme Judicial Court of Maine.

Decided: April 30, 2009.

Attorney(s) appearing for the Case

Daniel G. Lilley, Esq. (orally), Christian C. Foster, Esq., Daniel G. Lilley Law Offices, P.A., Portland, for Lynn Gierie, Robert Gierie, and Robert H. Gierie, III.

Christopher D. Nyhan, Esq. (orally), Katherine W. Fawcett, Esq., Preti Flaherty, Portland, for Mercy Hospital.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, SILVER, MEAD, and GORMAN, JJ.

CLIFFORD, J.

[¶ 1] Lynn Gierie and Robert H. Gierie, individually and as next friends of Robert H. Gierie III (Robbie), appeal from a judgment entered in Superior Court (Cumberland County, Cole, J.) denying their M.R. Civ. P. 50(b) post-jury verdict motion for judgment as a matter of law or for a new trial on their medical malpractice complaint against Mercy Hospital. The Gieries contend that the trial court violated their right to a jury trial by admitting...

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