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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment