Kobos by and Through Kobos v. Everts

BROWN, Justice, Retired,

dissenting in part and concurring in part.

The majority holds that giving Instruction Number 18 was reversible error. It states that appellants’ challenge to instructions is the principal issue on appeal. The court was particularly wroth because the trial court used the terms “honest judgment” and “honestly” in its instruction, and states that the instruction “bespeaks in responsibility to moral decision and honesty.”

In the context of Instruction Number 18 and the other eight malpractice instructions, it is inconceivable that the jury could have been misled and thought…