KENNEDY, J., delivered the opinion of the court, in which GODBOLD, J., joined. NELSON, J. (p. 1233), delivered a separate concurring opinion.
KENNEDY, Circuit Judge.
In this medical malpractice action, plaintiff Deanna Free appeals from a judgment entered on a jury verdict in favor of the defendant, Dr. Peter Carnesale. Plaintiff contends that it was error for the District Court to instruct the jury on the affirmative defense of comparative fault because defendant...
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