MAXEY v. HUBBLE

Record Nos. 880908, 880915.

385 S.E.2d 593 (1989)

Ellis F. MAXEY, M.D. and Charlotte M. Wild, M.D. v. Barbara B. HUBBLE.

Supreme Court of Virginia.

November 10, 1989.


Attorney(s) appearing for the Case

Thomas J. Harlan, Elizabeth H. Esinhart (Martha E. Withrow, Willcox & Savage, Norfolk, on briefs), for appellants.

Robert W. Mann (Young, Haskins, Mann & Gregory, Martinsville, on brief), for appellee.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, RUSSELL, THOMAS, WHITING and LACY, JJ.


RUSSELL, Justice.

This is an appeal from a judgment in favor of the plaintiff in a medical malpractice case. The dispositive question is whether the conduct of plaintiff's counsel was so calculated to inflame and prejudice the jury as to preclude a fair trial. We conclude that it was, and reverse.

Barbara B. Hubble was a patient of Dr. Ellis F. Maxey, an ophthalmologist. On January 23, 1984, Dr. Maxey performed an operation on Mrs. Hubble's right eye, removing...

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