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FEHLING v. LEVITAN

No. C6-85-331.

382 N.W.2d 901 (1986)

Toni Lee FEHLING, Trustee for the heirs and next of Kin of Robert Wesley Fehling, decedent, Appellant, v. Alexander A. LEVITAN, M.D., Unity Hospital, a division of Health Central, Inc., Respondents.

Court of Appeals of Minnesota.

Review Denied April 24, 1986.

Attorney(s) appearing for the Case

Robert Rischmiller, Rischmiller, Wasche & Knippel, Minneapolis, for appellant.

James W. Kenney, Audrey Zibelman, Geraghty, O'Loughlin & Kenney, St. Paul, for Alexander A. Levitan, M.D.

Lynn G. Truesdell, Charles E. Lundberg, Bassford, Heckt, Lockhart & Mullin, P.A., Minneapolis, for Unity Hosp., a div. of Health Central, Inc.

Heard, considered and decided by LANSING, P.J., and LESLIE and HUSPENI, JJ.

OPINION

LANSING, Judge.

The heirs of Robert Fehling brought this medical malpractice action against Dr. Alexander Levitan and Unity Hospital for negligently causing Fehling's death. The jury found by special verdict that the defendants were negligent but that their negligence did not cause Fehling's death. On appeal the plaintiffs argue the jury instruction on causation was erroneous and the special verdict is irreconcilable. We affirm.

FACTS

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