EZELL v. HUTSON

No. 19630-5-III.

20 P.3d 975 (2001)

105 Wash.App. 485

Robert and Virginia EZELL, Appellants, v. Scott B. HUTSON, M.D., Respondent.

Court of Appeals of Washington, Division 3, Panel Five.

March 6, 2001.


Attorney(s) appearing for the Case

Robert K. Dawson, Pence & Dawson, Seattle, Charles K. Wiggins, Kenneth W. Masters, Wiggins Law Office, Bainbridge Island, for Appellants.

Dan W. Keefe, Keefe, King & Bowman, Spokane, Richard F. Monahan, Roach, Monahan & Lowry, Walla Walla, Mary H. Spillane, Williams, Kastner & Gibbs, Seattle, for Respondent.


BROWN, J.

In this medical negligence action, Robert and Virginia Ezell appeal from a defense judgment in favor of Dr. Scott Hutson. Despite settled precedent, they argue the giving of 6 WASHINGTON PATTERN JURY INSTRUCTIONS: CIVIL 105.08, at 106 (3d ed. Supp. 1994) (WPI) on "error of judgment" was prejudicial error. We affirm.

FACTS

Dr. Hutson, an orthopedic surgeon, performed arthroscopic surgery on Mr. Ezell's left knee. A staphylococcus infection...

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