Legal Opinion

Allison v. Brown

Supreme Court of Virginia

Decided July 27, 2017No. Record 160314PublishedCited by 12 opinions

1Opinion of the Court

OPINION BY JUSTICE STEPHEN R. McCULLOUGH

We consider in this medical malpractice appeal whether the plaintiff pled a claim for battery in her complaint and whether the trial court erred in instructing the jury on battery and informed consent and in denying a motion to strike that claim. For the reasons explained below, we reverse and remand the case for a new trial.

BACKGROUND

I. FACTUAL BACKGROUND

Deborah Brown is a breast cancer survivor. As part of her treatment for that illness, on June 15, 2010, Brown underwent a bilateral mastectomy and chemotherapy. Following the mastectomies, she received…

Also in this document: Concurring in part, dissenting in part.

2Cases cited30 opinions

  1. Brenda J. Alcala v. Marriott International, Inc. and Courtyard Management Corporation D/B/A Quad Cities Courtyard by MarriottSupreme Court of Iowa · 2016
  2. CaterCorp, Inc. v. Catering Concepts, Inc.Supreme Court of Virginia · 1993
  3. Spencer v. CommonwealthSupreme Court of Virginia · 1990
  4. Mosher v. SchummSupreme Court of Colorado · 1946
  5. Potts v. Mathieson Alkali WorksSupreme Court of Virginia · 1935

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3Cited by12 opinions

  1. Martin v. LahtiSupreme Court of Virginia · 2018
  2. Graham v. Community Management Corp.Supreme Court of Virginia · 2017
  3. Builders Mutual Insurance Company v. J.L. Albrittain, Inc.District Court, E.D. Virginia · 2020
  4. Catoctin Ridge Homeowners Association, Inc. v. George L. BillerCourt of Appeals of Virginia · 2025
  5. Forest Gold, LLC, Grace Lim and James Lim v. Mintbrook Developers, LLCCourt of Appeals of Virginia · 2022

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