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POWELL v. CATHOLIC MED. CTR.

No. 97-860.

145 N.H. 7 (2000)

CHERYL L. POWELL v. CATHOLIC MEDICAL CENTER & a.

Supreme Court of New Hampshire.

March 21, 2000.

Attorney(s) appearing for the Case

Brennan, Caron, Lenehan & Iacopino, of Manchester (Ronald J. Caron on the brief and orally), for the plaintiff.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Robert E. Murphy, Jr. and Todd Hathaway on the brief, and Mr. Murphy orally), for defendant Catholic Medical Center.

Nelson, Kinder, Mosseau & Gordon, P.C., of Manchester (Peter W. Mosseau and Elaine M. Michaud on the brief, and Mr. Mosseau orally), for defendant.

BROCK, C.J.

The defendants, Catholic Medical Center (CMC) and Lynn Curtis, M.D. (Dr. Curtis), appeal from a judgment of the Superior Court (Sullivan, J.) entered on a jury verdict for the plaintiff, Cheryl L. Powell. The defendants contend that the trial court erroneously: (1) ruled that RSA 329:31 (1995) did not preempt the plaintiff's common law claim of duty to warn; (2) instructed the jury regarding that common law duty; (3) failed to require expert testimony...

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