DALY v. BERRYHILL

308 Ga. 831

FINAL COPY S19G0499. DALY et al. v. BERRYHILL et al. PETERSON, Justice. Shane Berryhill fainted and fell out of an eighteen-foot deer stand while hunting five days after undergoing major heart surgery. Berryhill and his wife (collectively “plaintiffs”) sued his surgeon, Dr. Dale Daly, and Savannah Cardiology (collectively “defendants”), claiming Daly’s negligent prescribing caused him to faint. The trial court instructed the jury on assumption of risk, and the jury returned a defense verdict. The Court of Appeals reversed and held that the instruction should not have been given. We…