Stephens v. Draffin

FINNEY, Chief Justice:

This is an appeal from jury verdicts for the respondent doctor in a trial which consolidated appellant William Ste phens’ (Stephens’) medical malpractice claim and his wife appellant Myma Stephens’ (Wife’s) action for loss of consortium. Stephens and Wife allege the trial judge committed error in charging the jury both contributory and comparative negligence, contending he should have charged comparative negligence only. We agree it was error to charge both doctrines but hold only contributory negligence should have been charged. Since the error in the charge was to…