McLaughlin v. Cooke

Monte S. McLaughlin sought review of an unpublished decision of the Court of Appeals, Division Two, reversing a $160,000 judgment he obtained against Thomas R. Cooke, D.O., for medical malpractice incident to a vasectomy. The Court of Appeals reversed and remanded for new trial, holding that it was prejudicial error to give a jury instruction summarizing plaintiff's four claims, two of which were not supported by substantial evidence.

We reverse the Court of Appeals and reinstate the jury verdict in favor of Petitioner McLaughlin.

Two issues are presented by this case. They are:(1) Whether the…