Legal Opinion

Marsingill v. O'MALLEY

Alaska Supreme Court

Decided January 27, 2006No. S-11578PublishedCited by 17 opinions

1Opinion of the Court

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

Vicki Marsingill sued Dr. James O'Malley when, after failing to follow his recommendation to report to the emergency room, she suffered severe permanent injuries. At trial, she argued that had Dr. O'Malley adequately informed her of the risks of her condition, she would have heeded his advice and thereby avoided injury. A jury found in favor of Dr. O'Malley. Marsingill appeals, arguing that the jury instructions were flawed, that the court allowed inadmissible expert testimony, and that the award of attorney's fees was too high. We conclude that the…

2Cases cited28 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. State v. CoonAlaska Supreme Court · 1999
  4. John's Heating Service v. LambAlaska Supreme Court · 2002
  5. McKinley v. StriplingTexas Supreme Court · 1989

23 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. L.D.G., Inc. v. BrownAlaska Supreme Court · 2009
  2. ConocoPhillips Alaska, Inc. v. Williams Alaska Petroleum, Inc.Alaska Supreme Court · 2014
  3. Kenai Chrysler Center, Inc. v. DenisonAlaska Supreme Court · 2007
  4. State v. SchmidtAlaska Supreme Court · 2014
  5. Barton v. North Slope Borough School DistrictAlaska Supreme Court · 2012

12 more not listed; retrieve them via the Exa API.

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