JAMAS v. KRPAN

No. 1 CA-CIV 3240.

116 Ariz. 216 (1977)

568 P.2d 1114

Lee Lyonn JAMAS, a widow, Appellant, v. Donald J. KRPAN and Martha Gay Krpan, husband and wife, Merrill S. Chernov, and Jane Doe Chernov, husband and wife, and NHE Community Hospital, Inc., an Arizona Corporation, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied July 7, 1977.

Review Denied September 13, 1977.


Attorney(s) appearing for the Case

Pain & Julian by Harry L. Howe, Phoenix, for appellant.

Robbins, Green, O'Grady & Abbuhl, P.A. by Harriet C. Babbitt, Richard W. Abbuhl, Phoenix, for Krpans and NHE Community Hospital, Inc.

Burch, Cracchiolo, Levie, Guyer & Weyl by K.C. Weyl, Duane A. Olson, Phoenix, for Chernovs.


OPINION

WREN, Judge.

The appellant, plaintiff below, appeals from a jury verdict in favor of the appellee physicians and a directed verdict in favor of appellee hospital. Three issues are raised by appellant: 1) whether an expert medical witness should be permitted to give an opinion as to whether a physician's negligence was simple or gross, 2) whether it was error for the jury to be instructed on contributory negligence, and 3) whether an agency relationship...

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