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Negligence: Medical Malpractice – New Trial Grant – Standard Of Review

Stephanie Maniscalco//January 20, 2011

Negligence: Medical Malpractice – New Trial Grant – Standard Of Review

Stephanie Maniscalco//January 20, 2011

Forester v. Clarke (MLW No. 61701/Case No. SD30105 – 4 pages) (Missouri Court of Appeals, Southern District, Bates, J.)

Where a medical malpractice plaintiff was awarded a new trial on the grounds that the jury verdict for the defendant was against the weight of the evidence, the decision is affirmed because the defendant argued that the court should adopt a different standard of review, but the current standard of review has been found to be constitutional and must be followed.

Judgment is affirmed.

Forester v. Clarke (MLW No. 61701/Case No. SD30105 – 4 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Greene County, Holden, J. (Randall R. Cowherd, Springfield, for appellant) (David D. Ansley, Springfield, for respondent).

Click here to read the full text of this opinion.

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