United States Seventh Circuit

In a medical malpractice suit, judgment for plaintiff is affirmed over defendant's arguments that the district court erred: 1) by not giving the jury his rebuttable presumption instruction; and 2) in granting judgment as a matter of law in favor of plaintiffs on his failure to mitigate defense.

Appellate Information

• Argued 03/30/2007
• Decided 08/30/2007
• Published 08/30/2007

Judges

• BAUER, Circuit Judge., Before EASTERBROOK, Chief Judge, and BAUER and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Jerry A. Garau (argued), Findling, Garau, Germano & Pennington, Indianapolis, IN, for Plaintiffs-Appellees., Milford M. Miller (argued), Miller Murphy & Miller, Fort Wayne, IN, for Defendant-Appellant.