CARVER v. EL-SABAWI

No. 41267.

107 P.3d 1283 (2005)

Jerry D. CARVER, Appellant, v. Rashad EL-SABAWI, M.D., Respondent.

Supreme Court of Nevada.

March 24, 2005.


Attorney(s) appearing for the Case

Burris, Thomas & Springberg and Laurence B. Springberg, Las Vegas, for Appellant.

Mandelbaum Gentile and Kim Irene Mandelbaum, Las Vegas, for Respondent.

Before ROSE, GIBBONS and HARDESTY, JJ.


OPINION

GIBBONS, J.

In this appeal, we consider whether a "mere happening instruction" and a res ipsa loquitur instruction, given to the jury in a medical malpractice case, were so conflicting that absent additional evidence, the judgment on the jury verdict should be reversed and this case remanded for a new trial. We conclude that they were.

FACTS

Appellant Jerry D. Carver suffered a nerve injury to his left arm and hand...

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