Public Health Foundation for Cancer & Blood Pressure Research, Inc. v. Cole

ALDERMAN, Chief Judge.

This is an appeal by the defendants from a judgment in a negligence action. The issues are whether the trial court erred: (1) in allowing an expert witness to testify that in his opinion ‘the plaintiff acted as a reasonably prudent person; (2) in failing to direct a verdict for the defendant; and (3) in not submitting to the jury a special verdict to determine the percentage of negligence of the plaintiff and the defendants. We find no reversible error and affirm.

Conflicts exist in the evidence. However, since it is the defendants who are contending that a directed…