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· 12/15/2017

Sevan (Bjorklund) Cappuccilli v. David A. Carcieri, M.D., d/b/a Medical Office of David A. Carcieri, M.D.

Syllabus

The plaintiff, Sevan (Bjorklund) Cappuccilli, appealed to the Supreme Court following a Superior Court judgment in favor of the defendants, David A. Carcieri, M.D., d/b/a Medical Office of David A. Carcieri, M.D., and Women & Infants Hospital of Rhode Island. The plaintiff's claim against the defendants derives from a vein injury she alleged occurred during an emergency cesarean section at Women & Infants. The jury ultimately returned a verdict for the defendants. The trial justice denied the plaintiff's subsequent motion for new trial, concluding that reasonable minds could differ. On appeal, the plaintiff asserted that the trial justice failed to weigh the credibility of the evidence in deciding the motion. The plaintiff also argued that the trial justice improperly excluded evidence from trial. The Supreme Court rejected the plaintiff's contention that the trial justice failed to make a credibility determination in deciding the motion for new trial. The Court also determined that the plaintiff's arguments regarding the excluded evidence were unpersuasive. Accordingly, the Court affirmed the Superior Court's judgment.

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