Cole v. Raut

In this medical negligence case, the court of appeals reversed the trial court’s general verdict in favor of Petitioner doctor, holding that the trial court erred in instructing the jury on the defense of assumption of the risk. This Court granted certiorari to review the decision of the court of appeals. We reverse the decision of the court of appeals and reinstate the general jury verdict for Petitioner.

Factual/Procedural Background

Before delivering her son in February 1997, Respondent Marty Cole (“Cole”) discussed the various delivery options with her obstetrician, Petitioner Dr. Pratibha…