JENSEN V. INTERMOUNTAIN HEALTH CARE, INC. 679 P.2d 903 (1984) CASE BRIEF

JENSEN V. INTERMOUNTAIN HEALTH CARE, INC.

679 P.2d 903 (1984)

NATURE OF THE CASE: Jensen (P) Appellant survivors appealed a dismissal of P's medical malpractice action in which decedent died as a result of negligence on the part of an emergency room physician and Hospital (D).

FACTS: P died as a result of negligence on the part of Ds, an emergency room physician and the hospital. P settled with the defendant doctor and went to trial against the hospital. The jury returned a special verdict, finding P 46 percent negligent in causing his own death; hospital, 36 percent negligent; and the doctor, 18 percent negligent. Judgment was entered for P and then the trial court then set aside the original award and entered a judgment of no cause of action. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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