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Manning v. Bellafiore11/4/2005
ve to Dr. Bellafiore, and for relief for Dr. Bellafiore's inadequate discovery disclosures have already been addressed herein.
Conclusion
In this Court's opinion, the verdict in favor of Dr. McNiece was appropriate. Credible testimony and evidence was presented by both sides. Reasonable minds could have differed, and could have come to the conclusion reached by the jury. The Court cannot find that the verdict fails to respond to the evidence presented. The Mannings' motion for a new trial against Dr. McNiece is denied.
In this Court's opinion, the verdict in favor of Dr. Bellafiore is not based on ample credible testimony and evidence. For the foregoing reasons, this Court finds that the verdict fails to respond to the evidence. Reasonable minds could not have come to the conclusion reached by the jury. Accordingly, the Mannings motion for new trial against Dr. Bellafiore on the issues of negligence and informed consent must be and is granted. The Court leaves open the issue of sanctions against Dr. Bellafiore for discovery abuses as described herein. The Mannings' motion for new trial against Dr. Bellafiore is granted.
In this Court's opinion, the verdict in favor of South County Hospital is reasonable and appropriate, based on the evidence presented at trial. In light of the evidence presented, it is a logical verdict which responds to the evidence presented. The Mannings' motion for new trial against South County Hospital is denied.
Dr. Bellafiore's motion for judgment as a matter of law is denied and all other motions for judgment as a matter of law are moot. The Court leaves open the issue of sanctions against Dr. Bellafiore and counsel as described herein.
Counsel for the plaintiff shall submit the appropriate order for entry.
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