Kenny v. Wepman, Wc97-0056 (1999)

DECISION

This matter is before the Court on the motion of the plaintiff, Irene L. Kenny, for a new trial. On June 7, 1999, the jury returned a verdict in favor of the defendant responding in the negative to the following questions:

1. Has the plaintiff proven by a fair preponderance of the evidence that the defendant, Barry Wepman, M.D., was negligent, which negligence was a proximate cause of injuries and damages she sustained? and

2. Has the plaintiff proven by a fair preponderance of the evidence that she is entitled to recovery under the doctrine of informed consent?

In her motion, plaintiff…