Owens v. Stokoe

Charles P. Owens (Owens), the plaintiff, brought an action in the circuit court of Tazewell County for medical malpractice against Dr. James S. Stokoe (Stokoe), a dentist. Stokoe died prior to the trial and Rachel, his wife and the executrix of his estate, was substituted as the defendant.

A jury returned a general verdict for the plaintiff in the amount of $40,000 but found that 75% of the fault was attributable to the plaintiff, reducing the award to $10,000. After the trial court denied the plaintiff’s motion for judgment notwithstanding the verdict on the issue of the plaintiff’s…