Cahoon v. Cummings

OPINION

SHARPNACK, Chief Judge

Jeffrey S. Cahoon, M.D. and the co-executors of the estate of Robert W. Kohne, M.D. (“Kohne”) (collectively “Appellants”) appeal the judgment in favor of Glessie Joan Cummings (“Wife”) in her action for the wrongful death of her husband, William T. Cummings.1 Appellants raise several issues for our review, which we consolidate and restate as:

1)whether the trial court’s wrongful death instruction was erroneous;

2) whether the trial court erroneously instructed the jury that Wife could recover under a “pure loss of chance” theory in a survival action;

3) whether the…