Cobo v. Raba

LAKE, Justice.

This is a medical malpractice case which presents the single issue of whether the asserted affirmative defense of plaintiff’s contributory negligence should have been submitted to the jury. The Court of Appeals majority concluded the trial court committed reversible error by refusing to instruct on and submit this issue to the jury for its determination. For the reasons stated herein, we affirm the decision of the Court of Appeals.

At trial, the jury answered the single liability issue of defendant’s negligence in plaintiffs’ favor and awarded plaintiff, Dr. Michael Cobo,…