Hartley v. Herndon

Opinion by

KENNETH L. BUETTNER, Judge:

1 Kerry Hartley sued his physician, William A. Herndon, for medical malpractice. After trial, the jury rendered a verdict in favor of Dr. Herndon. Hartley claims the trial court erred in failing to direct verdict in his favor on the issue of liability. He also contends that the trial court erred when it declined one of Hartley's proposed instructions. Both allegations of error relate to Hartley's position that the questions were governed by the holdings in Franklin v. Toal, 2000 OK 79, 19 P.3d 834. We find no error and therefore affirm the judgment entered…