NICHOLS v. BRATTLEBORO RETREAT

No. 07-310.

970 A.2d 1249 (2009)

2009 VT 4

Gary NICHOLS and Carol Ann Nichols, Individually and as Parents and Guardians of Gregory Nichols v. BRATTLEBORO RETREAT d/b/a Retreat Healthcare.

Supreme Court of Vermont.

Motion for Reargument Denied February 12, 2009.


Attorney(s) appearing for the Case

Michael F. Hanley and Paul J. Perkins of Plante & Hanley, P.C., White River Junction, for Plaintiffs-Appellants.

Ritchie E. Berger and Jon Jeffrey Tyzbir of Dinse, Knapp & McAndrew, P.C., Burlington, for Defendant-Appellee.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


¶ 1. REIBER, C.J.

Plaintiffs in this medical negligence action appeal from a judgment, based on a jury verdict, in favor of defendant, the Brattleboro Retreat. Plaintiffs contend the court erred in: (1) admitting the deposition testimony of an expert witness without finding that the witness was unavailable; and (2) denying a motion for mistrial or new trial based on defense counsel's alleged misconduct. We conclude that the admission of the deposition testimony...

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