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New trial for ex-Dolphin McDuffie in toe lawsuit

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Posted: Wednesday, December 19, 2012 3:51 pm

MIAMI (AP) - A new trial has been ordered in a malpractice lawsuit filed by former Miami Dolphins receiver O.J. McDuffie against a doctor over treatment for a career-ending toe injury.

A Florida appeals court Wednesday upheld a judge's previous decision to toss the $11 million damages awarded to McDuffie and order a new trial. Attorneys for Dr. John Uribe had argued that there were fundamental errors in the 2010 trial surrounding use of a medical manual as evidence.

McDuffie's attorneys had said the manual was properly used.

Both sides also argued over estimates that McDuffie lost millions in potential earnings because of the 1999 toe injury.

McDuffie played for the Dolphins from 1993 to 2000, catching 415 passes for 5,074 yards and 29 touchdowns. He also returned two punts for touchdowns.

(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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