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Monahan v. Obici Medical Management

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Current status: FILED
As of: Apr 21, 2006
Source: SUPREME COURT OF VIRGINIA · DOCKET 051592 ↗

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Status is derived only from narrow phrases in the court’s verbatim disposition or latest docket entry.

051592 Monahan v. Obici Medical Management 04/21/2006 In a medical malpractice case, the defendant health care provider was not required to affirmatively plead the defense of failure to mitigate damages in order to request a jury instruction on that topic, but the trial court erred in granting a such an instruction where there was no evidentiary basis to support it, and in refusing a request by plaintiff that the jury be directed to disregard certain evidence regarding the plaintiff's actions a…

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