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Wells v. Halyard

6/12/2000

o civil cases, however, where the appellate courts of our state have reversed a jury verdict and ordered a new trial based on the cumulative effect of errors. Although our state supreme court briefly addressed a similar argument in Cock-N-Bull Steak House, Inc. v. Generali Insurance Co., 321 S.C. 1, 466 S.E.2d 727 (1996), the court concluded no new trial was warranted because the trial court did not commit any of the underlying alleged errors.


In this case, we have found no reversible error with respect to each of the errors asserted on appeal. Considering the charge as a whole, we conclude the trial court fairly instructed the jury regarding the law in medical malpractice cases. See Roberts v. Hunter, 310 S.C. 364, 426 S.E.2d 797 (1993) (where appellant contends the trial court's jury charge erroneously overemphasized the limitations on the defendant's liabilities and was unduly exculpatory and favorable to the defendants, the appellate court determined the charge as a whole correctly stated the applicable law of medical malpractice and concluded there was no error).


AFFIRMED.


CURETON and GOOLSBY, JJ., concur.






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