Miller v. Kennedy

This appeal raises questions regarding the proper instruction of a jury in a suit alleging negligence in the practice of medicine. The case is before this court for the second time. Following a jury verdict for defendant Dr. Kennedy in a 1972 trial, plaintiff Mr. Miller appealed. The Court of Appeals reversed and remanded for a new trial on several grounds, centered chiefly on the adequacy of the court's instructions to the jury. Miller v. Kennedy, 11 Wn. App. 272, 522 P.2d 852 (1974). This court affirmed and adopted the appellate court's exhaustive opinion. Miller v. Kennedy, 85 Wn.2d 151,…