FRITTS V. MCKINNE, 934 P.2d 371 (1996) CASE BRIEF

FRITTS V. MCKINNE
934 P.2d 371 (1996)
NATURE OF THE CASE: This was a dispute over a jury instruction regarding contributory fault. Fritts (P) appealed from a judgment in favor of McKinne (D), doctor in P's action for alleged medical negligence in the doctor's treatment of the decedent.
FACTS: Fritts (P) was seriously injured in a one vehicle accident. P and his friend Manus had been drinking prior to the accident and the car they were in hit a tree at 70 mph and overturned. P sustained serious injuries and underwent surgery to repair his facial fractures. During that surgery, McKinne (D) was performing a tracheostomy to allow P to breath during surgery. P began gushing blood, lost consciousness and died three days later. P claimed that D negligently failed to identify and isolate the proper artery. D claimed that the artery was anomalous and that it was in the neck area when it should have been in the chest area. D also countered with a comparative negligence defense in that P was injured while driving drunk or was drunk while in the car with Manus. D was also prepared to introduce that P had substantially diminished life expectancy due to his drug and alcohol use. The trial court denied P's motion to exclude the evidence. The trial court instructed the jury over P's comparative negligence. D got the verdict. P appealed.

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