Scaria v. St. Paul Fire & Marine Insurance

The issues raised by the plaintiffs upon appeal are the following:

1. Did the trial court properly instruct the jury as to informed consent?

2. Did the trial court err in applying the locality rule?

3. Did the jury return a valid five-sixths verdict?

*104. Did the trial court err in refusing to change the jury answers on causation from “No” to “Yes?”

5. Should a new trial be granted in the interest of justice?

The trial court instructed the jury with respect to the issue of informed consent as follows:

“With respect to your answer to the question inquiring as to the negligence of Dr. Kamper, Question…