ELLETT v. JOHNSON

Record No. 850909.

372 S.E.2d 153 (1988)

Jayne ELLETT v. George JOHNSON, M.D.

Supreme Court of Virginia.

September 23, 1988.


Attorney(s) appearing for the Case

Gerald F. Ragland, Jr., Burkeville, for appellant.

Robert S. Brewbaker, Jr. (Lynne Jones Blain, Browder, Russell, Morris & Butcher, P.C., Richmond, on brief), for appellee.

Present: All the Justices.


THOMAS, Justice.

In this medical malpractice case, we decide whether a stipulation made in open court by defense counsel removed the issue of proximate cause from the case, thereby making it error for the trial court to grant certain defense instructions which listed proximate cause as an issue to be decided by the jury.

On March 26, 1980, Dr. George Johnson operated on Jayne Ellett to reposition the ulnar nerve in her right hand and arm. The results of that...

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