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ODEN v. SCHWARTZ

No. 2011-167-Appeal.

71 A.3d 438 (2013)

Paul ODEN et al. v. Carl SCHWARTZ, M.D.

Supreme Court of Rhode Island.

May 16, 2013.

Attorney(s) appearing for the Case

David Morowitz, Esq., Providence, for Plaintiff.

Michael G. Sarli, Esq., Providence, for Defendant.

Present: SUTTELL, C.J., GOLDBERG, FLAHERTY, ROBINSON, and INDEGLIA, JJ.

OPINION

Justice INDEGLIA, for the Court.

In this medical malpractice action, the defendant, Carl Schwartz, M.D. (defendant or Dr. Schwartz), appeals from a Superior Court judgment in favor of the plaintiff, Paul Oden (Oden or plaintiff). On appeal, Dr. Schwartz argues that the trial justice erred in denying his motion for a new trial. Specifically, he asserts that the trial justice committed reversible error in (1) refusing to instruct the jury on intervening...

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