Van Vacter v. Hierholzer

SPINDEN, Judge.

Judy Van Vacter and her children appeal the jury’s verdict in their wrongful death action arising out of Jerry Van Vacter’s death. The jury found that Rebecca Hier-holzer and Mary Coltharp, the treating physicians, negligently treated Van Vacter’s condition, but it assessed only one percent fault to Hierholzer and six percent fault to Col-tharp. It returned a verdict of no damages. We reverse and remand for a new trial.

I

In January 1982, at the age of 40, Van Vacter survived a major heart attack. Physicians discovered that he was suffering severe arterial disease. Some of his…