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VILLARINI-GARCIA v. HOSPITAL DEL MAESTRO

No. 96-2024.

112 F.3d 5 (1997)

Awilda VILLARINI-GARCIA, Plaintiff, Appellee, v. HOSPITAL DEL MAESTRO, et al., Defendants, Appellees. Mario J. Tomasini, Dr., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 24, 1997.

Attorney(s) appearing for the Case

Raul Davila-Rivera, Sabana Seca, PR and Alberto O. Jimenez, Hato Rey, PR with whom Bauza and Davila, Old San Juan, PR, were on briefs for defendant, appellant.

Kevin G. Little with whom Law Offices of David Efron, Rio Piedras, PR, was on brief for plaintiff, appellee.

Before BOUDIN, Circuit Judge, ALDRICH, Senior Circuit Judge, and LYNCH, Circuit Judge.

BOUDIN, Circuit Judge.

Dr. Mario J. Tomasini appeals from an adverse judgment against him for medical malpractice. Dr. Tomasini makes several claims of error, only one of which requires extended discussion. On that claim, which presents a difficult question concerning offsets to damage awards, we conclude that a deduction is required in this case to account for payment already received in settlement by the plaintiff, Awilda Villarini-Garcia, from the hospital for...

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