Crowley v. O'NEIL

Swinehart, J.:

Plaintiff Eugene Crowley brought a medical malpractice action against defendant James H. O’Neil. After a trial in Wyandotte District Court, the jury returned a verdict in favor of the defendant.

The issues on appeal are: (1) whether the trial court erred by instructing the jury according to PIK Civ. 2d 15.10 (1977) which requires that on questions of a medical or scientific nature concerning the standard of care of a physician, the jury may only find the requisite standard of care through the evidence of expert witnesses; and (2) whether the use of the word “accident” by a…