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Cenal v. Ragunton

12/27/2004

e like a simple cold or, you know, those postnasal drips.


It is apparent that there were two conflicting theories as to the cause of Anatalia's asthma exacerbations, and each side presented evidence supporting their theory.


The circuit court did not err in finding that "there were two conflicting, mutually exclusive medical theories for the jury's consideration when deliberating on the issue of standard of care in [this] case and that the jury's verdict on the issue of standard of care was not against the manifest weight of the evidence." The Cenals have failed to show that the circuit court exceeded the bounds of reason or disregarded rules or principles of law or practice to the substantial detriment of a party litigant. This court concludes the circuit court did not abuse its discretion in denying the Cenals' Motion for New Trial.


III.


In light of the foregoing analysis, we affirm the Judgment filed on February 3, 2003 in the Circuit Court of the First Circuit.






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