Shane H. Berryhill v. Dale P. Daly

Bethel, Judge.

*32 *221 This appeal arises out of a medical malpractice action relating to Shane H. Berryhill's fall from a deer stand. Following a jury verdict in favor of Dr. Dale P. Daly, Berryhill filed a motion for a new trial, which was denied. Berryhill appeals that ruling arguing a number of errors pertaining to the jury instructions, a piece of demonstrative evidence, and comments made during closing. Dr. Daly cross-appeals, raising two errors that he suggests could arise should this court reverse and order a retrial. For the reasons set forth infra , we reverse.

*222 "On appeal, the evidence is…