Hiers v. Lemley

HOLSTEIN, Judge.

This case involves the use or, more aptly, misuse of an “Affirmative Converse Instruction” described in MAI 33.01 and 33.-05. 1 Defendant J. Stephen Lemley submitted what purports to be an affirmative converse in response to the verdict directing instruction in a medical malpractice case. Following a verdict for defendant, the trial court sustained plaintiff Lorraine Hiers’ motion for new trial, citing as its reason that the converse instruction was in error. This appeal by defendants followed. We affirm.

FACTS

On March 6,1984, Gene Hiers was admitted to St. Joseph’s Hospital…