KYLE v. FOK

No. 68-596.

18 Ohio St. 2d 70 (1969)

KYLE, ADMX., APPELLANT, v. FOK ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 7, 1969.


Attorney(s) appearing for the Case

Mr. Martin S. Goldberg, for appellant.

Messrs. Harrington, Huxley & Smith and Mr. Eldon S. Wright, for appellees.


Per Curiam.

In this action for wrongful death as the result of alleged medical malpractice, the trial court, in special instructions before argument, employed the phrase "guilty of malpractice." The motion to certify was allowed because a majority of the court is of the opinion that such use of the word "guilty" in civil damage actions is reversible error. Cf. Bahm v. Pittsburgh & Lake Erie Rd. Co. (1966), 6 Ohio St.2d...

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