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SALOPEK v. FRIEDMAN

No. 30,307.

308 P.3d 139 (2013)

2013-NMCA-087

Michael SALOPEK, Plaintiff-Appellee/Cross-Appellant, v. David J. FRIEDMAN, M.D., Defendant-Appellant/Cross-Appellee.

Court of Appeals of New Mexico.

June 4, 2013.

Attorney(s) appearing for the Case

The Perrin Law Firm, Doug Perrin , Santa Fe, NM, for Appellee.

Kemp Smith LLP, CaraLyn Banks , Las Cruces, NM, for Appellant.

OPINION

KENNEDY, Chief Judge.

{1} David J. Friedman, M.D. (Defendant) appeals from a $600,000 judgment against him for medical malpractice on three grounds: (1) the district court failed to properly instruct the jury on the scope of Defendant's duty to Michael Salopek (Plaintiff), (2) the district court gave incorrect "eggshell plaintiff" damages instructions, and (3) the district court erred in failing to order a new trial or remittitur. Plaintiff...

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