Smith v. Washington

OPINION

RILEY, Judge

STATEMENT OF THE CASE

Plaintiff-Appellant, James Smith (Smith), appeals the trial court’s conclusion that the damages awarded to him be reduced by fifty percent (50%). Defendants Appellee-Cross-Appellant, Wilbert Washington, M.D., (Washington), cross-appeals from the trial court’s judgment entered in favor of Smith.

We reverse in part and affirm in part.

■ISSUES

Smith raises several issues for review, which we consolidate and restate as:

1. Whether the trial court properly applied § 323 of the Restatement (Second) of Torts to this action.

2. Whether the trial court properly…