ASHER v. OB-GYN SPECIALISTS, P.C.

No. 12-0302.

846 N.W.2d 492 (2014)

Alan ASHER and Larysa Asher, as Parents and Next Friends of Alexandra Asher, a minor, and Alan Asher and Larysa Asher, Individually, Appellees, v. OB-GYN SPECIALISTS, P.C., and Anthony A. Onuigbo, M.D., Appellants.

Supreme Court of Iowa.

May 9, 2014.


Attorney(s) appearing for the Case

David L. Baker , Cedar Rapids, and James A. Gerk and Christine L. Conover of Simmons Perrine Moyer Berman PLC, Cedar Rapids, for appellants.

Mark McCormick of Belin McCormick, P.C., Des Moines , and H. Daniel Holm Jr. , Max E. Kirk , and Eashaan Vajpeyi of Ball, Kirk & Holm, P.C., Waterloo, for appellees.


APPEL, Justice.

In this professional negligence action, we consider whether the district court committed reversible error by providing the jury with a causation instruction based upon the Restatement (Second) of Torts rather than an instruction based upon the Restatement (Third) of Torts, as adopted by this court in Thompson v. Kaczinski, 774 N.W.2d 829, 839 (Iowa 2009). We also consider whether substantial evidence supported...

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