Washburn v. Klara

In this claim of battery, the issue is whether the evidence raises a reasonable inference that the defendant surgeon intentionally performed a surgical procedure exceeding the scope of the plaintiff’s consent. Because we conclude that the plaintiff presented sufficient evidence to create a factual dispute on this issue, which a jury must resolve, we will reverse the circuit court’s judgment striking the plaintiff’s evidence and remand the case for a new trial.

FACTS AND MATERIAL PROCEEDINGS

In September 1997, Britt M. Borden, M.D., performed a surgical procedure known as an anterior cervical…