Tierney v. Berg

KELLY, Presiding Judge.

This is an appeal from an order of the Circuit Court of the City of St. Louis granting plaintiffs a new trial following a jury verdict on the grounds that defendant’s affirmative converse instructions, MAI 33.-05, were erroneous in that they merely negated, in the disjunctive, facts essential to plaintiffs’ case rather than affirmatively asserting facts which would defeat plaintiffs’ claims. We agree and affirm.

In this two count medical malpractice case the plaintiffs are Jeanne Tierney, a 16 year old girl, and her parents, John and Jeanne M. Tierney. Count I of…