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FINKELSTEIN v. DISTRICT OF COLUMBIA

No. 88-648.

593 A.2d 591 (1991)

Jay FINKELSTEIN, Esquire, Personal Representative of the Estate of Harry Barman, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided June 5, 1991.

Attorney(s) appearing for the Case

Brian W. Shaughnessy, with whom Richard S. Sternberg and Philip A. Gagner were on the brief, Washington, D.C., for appellant.

Susan S. McDonald, Asst. Corp. Counsel, with whom Frederick D. Cooke, Jr., Corp. Counsel at the time the brief was filed, and Charles L. Reischel, Deputy Corp. Counsel, were on the brief, Washington, D.C., for appellee.

Elizabeth A. Karasik, Washington, D.C., filed a brief as amicus curiae on behalf of appellant.

Before ROGERS, Chief Judge, FERREN, TERRY, STEADMAN, SCHWELB, FARRELL, and WAGNER, Associate Judges, BELSON, Associate Judge, Retired, and NEWMAN, Senior Judge.

ON REHEARING EN BANC

FARRELL, Associate Judge:

A division of this court reversed the trial judge's grant of a judgment notwithstanding the verdict and, in the alternative, a new trial. After reconsideration by the court en banc, we also conclude that the judge erred in granting judgment notwithstanding the verdict, but we sustain her grant of a new trial on the ground that the verdict was excessive.

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