Owens v. Stokoe

PRESIDING JUSTICE BARRY

delivered the opinion of the court:

A jury found that the defendant, dentist James S. Stokoe, had negligently performed surgery on the plaintiff, Charles P. Owens. The jury determined that the plaintiff had suffered $40,000 in damages, but further found that the plaintiff was 75% contributorily negligent and reduced the award to $10,000. The plaintiff filed a motion for judgment notwithstanding the verdict, asking the trial court to overturn the jury’s finding of contributory negligence. Following the court’s denial of the motion, the plaintiff appealed to this court.

On…