Barber v. Constien

JOHN, Judge.

In this wrongful death action, the sole issue on appeal is whether the trial court properly charged the jury on intervening causation. Plaintiff contends, inter alia, that the court’s instructions erroneously failed to reference the test of foreseeability. We agree and award plaintiff a new trial.

Pertinent facts and procedural history include the following: Plaintiff’s wife, decedent Kathy Barber (Mrs. Barber), consulted defendant Dr. Daniel Constien (Dr. Constien), complaining of pain between her shoulder blades and nausea. After taking Mrs. Barber’s history and conducting a…