Diehl v. Koffer

HUNTER, Judge.

Kenneth J. Diehl (“plaintiff’) appeals to this Court the trial court’s judgment dismissing his complaint with prejudice after a jury concluded that Dennis S. Koffer, M.D. (“defendant”) was not negligent in his rendering of medical care to plaintiff. (We note defendant Johnston Surgical Associates, P.A. was dismissed from the action upon summary judgment and is not party to this appeal.) Plaintiff brings forward only one assignment of error, that being, that the trial court erred by refusing to instruct the jury on the issue of res ipsa loquitur. We find no error.

The record…