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COLE v. RAUT

No. 26503.

378 S.C. 398 (2008)

663 S.E.2d 30

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, Respondents, v. Pratibha P. RAUT, M.D., and Dr. Raut & Associates, P.A., Petitioners.

Supreme Court of South Carolina.

Decided June 9, 2008.

Rehearing Denied July 23, 2008.

Attorney(s) appearing for the Case

Robert H. Hood, Robert H. Hood, Jr., and Deborah Harrison Sheffield, of counsel, all of Hood Law Firm, of Charleston, for Petitioners.

Charles L. Henshaw, Jr., of Furr, Henshaw & Ohanesian, of Columbia, for Respondents.

Chief Justice TOAL:

In this medical negligence case, the court of appeals reversed the trial court's general verdict in favor of Petitioner doctor, holding that the trial court erred in instructing the jury on the defense of assumption of the risk. This Court granted certiorari to review the decision of the court of appeals. We reverse the decision of the court of appeals and reinstate the general jury verdict for Petitioner.

FACTUAL/PROCEDURAL BACKGROUND...

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