Mammarella v. Evantash


Oral Argument
04/16/14 – 04/16/14

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In this oral argument before the Delaware Supreme Court, the attorney representing appellant Barbara A. Mammarella contended that the lower court erred when it ruled as a matter of law under Superior Court Civil Rule 50(a)(1) that no reasonable jury could find in favor of his client on the medical causation issue. Mrs. Mammarella commenced a medical negligence action on December 28, 2011, alleging that All About Women of Christiana Care, Inc. and Christine W. Maynard, M.D., and Alan B. Evantash, M.D., were negligent in failing to diagnose a malignant breast lump. She further alleged that by the time the correct diagnosis was made she had been injured as a result of the lump growing from 6mm in largest dimension to 8mm as seen on imaging studies.


The judgment of the Superior Court was affirmed.


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