PRATT v. PETELIN

No. 11-3282.

733 F.3d 1006 (2013)

Jennifer PRATT, Plaintiff-Appellee, v. Joseph PETELIN, M.D., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 19, 2013.


Attorney(s) appearing for the Case

Mark A. Lynch ( Kyle R. Ramsey with him on the briefs) of Holbrook & Osborn, P.A., Overland Park, KS, for Defendant-Appellant.

John W. Witten ( Mary C. O'Connell with him on the brief) of Douthit Frets Rouse Gentile & Rhodes, L.L.C., Kansas City, MO, for Plaintiff-Appellee.

Before LUCERO, SEYMOUR, and MURPHY, Circuit Judges.


SEYMOUR, Circuit Judge.

Mrs. Jennifer Pratt sued Joseph Petelin, M.D. for medical negligence. The district court submitted four factual theories of negligence to the jury, which returned a general verdict against Dr. Petelin in the amount of $153,000. Dr. Petelin appeals, claiming three of the four factual contentions submitted to the jury were unsupported by sufficient evidence. We hold that Dr. Petelin waived this argument by not objecting to the general verdict...

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