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McCORMACK v. RUTLAND HOSP., INC.

No. 12-104.

79 A.3d 864 (2013)

2013 VT 59

Gilbert E. McCORMACK and Shelagh McCormack v. RUTLAND HOSPITAL, INC. d/b/a Rutland Regional Medical Center and Henry B. DiMuzio, Jr., M.D.

Supreme Court of Vermont.

August 2, 2013.

Attorney(s) appearing for the Case

John H. Bloomer, Jr. of McClallen & Bloomer, P.C., Rutland, and Michael J. Regan of Duffy & Duffy, Shelburne, for Plaintiffs-Appellants.

Allan R. Keyes and John J. Zawistoski of Ryan Smith & Carbine, Ltd., Rutland, for Defendants-Appellees.

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

BURGESS, J.

¶ 1. Plaintiffs appeal the superior court's denial of their motion for a new trial based on allegations of juror bias. The issues presented are whether (1) plaintiffs' motion for a new trial was timely, (2) the trial court erred in denying the motion under the test for juror bias set forth in In re Nash, 158 Vt. 458, 614 A.2d 367 (1991), and (3) the trial court erred in denying the motion under the doctrine...

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