Thomas v. Intermedics Orthopedics, Inc.

Opinion

JOHNSON, J.

The underlying action was for personal injuries arising from both medical malpractice and general negligence. By special verdict a jury found both the orthopedic surgeon and prosthetic supplier negligent and assessed liability at 50 percent each for the plaintiffs’ injuries.

The prosthetic supplier appeals from the judgment, claiming the trial court prejudicially erred in withdrawing the “captain of the ship” instruction in response to a jury question. We conclude the supplier’s special instruction was erroneous under the law and facts of this case. Therefore, we hold the…