Foster v. Owens

OPINION

BAILEY, Judge.

Case Summary

Richard Foster, M.D. and The New Castle Clinic, Inc. (collectively, "Dr.Foster") appeal a judgment entered upon a jury verdict awarding damages to Forrest Owens ("Forrest") upon his complaint for the death of his wife, Mary Owens ("Mary"), arising from medical malpractice. We affirm.

Issues

Dr. Foster raises two issues:

I. Whether he was entitled to a jury instruction on contributory negligence; and

II. Whether the trial court abused its discretion by allowing a rebuttal argument that was not supported by the evidence.

Facts and Procedural History

The facts most…