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COLE v. RAUT

No. 3995.

365 S.C. 434 (2005)

617 S.E.2d 740

Marty K. COLE and Tracy S. Cole, as co-administrators of the Estate of Kyle Austin Cole, and Tracy S. and Marty K. Cole, individually, Appellants, v. Pratibha P. RAUT, M.D., and Dr. Raut & Associates, P.A., Respondents.

Court of Appeals of South Carolina.

Decided May 25, 2005.

Rehearing Denied August 29, 2005.

Attorney(s) appearing for the Case

Charles L. Henshaw, Jr., of Columbia, for Appellants.

Robert H. Hood, Roy P. Maybank, and Deborah Sheffield, all of Charleston, for Respondents.

HEARN, C.J.:

In this medical negligence action, Marty and Tracy Cole appeal from a verdict in favor of Dr. Pratibha P. Raut and her medical practice. The Coles argue the circuit court erred in charging the jury on assumption of risk. We agree, and reverse and remand for a new trial.

FACTS/PROCEDURAL BACKGROUND

The day before delivering her son, Kyle, Tracy Cole ("Cole") was admitted to the hospital. Cole's obstetrician, Dr. Raut, recommended that...

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