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SMITH v. BYUNGKI KIM

Record No. 080939.

675 S.E.2d 193 (2009)

Nancy White SMITH, Personal Representative of the Estate of Sands Smith, Jr., Deceased v. BYUNGKI KIM, M.D., et al.

Supreme Court of Virginia.

April 17, 2009.

Attorney(s) appearing for the Case

William E. Artz, Arlington, (Andrew J. Waghorn, on briefs), for appellant.

Jonathan Schraub (Paige A. Levy; Heather Austin Jones; Sands Anderson Marks & Miller, McLean, on brief), for appellees.

Present: All the Justices.

OPINION BY Justice CYNTHIA D. KINSER.

In this wrongful death action, the sole issue we consider is whether the circuit court erred in denying a jury instruction proffered by the plaintiff. Because the instruction is not a correct statement of the law, as it removes a question of fact from the jury, we conclude the circuit court did not err in refusing to give the instruction. Thus, we will affirm the circuit court's judgment in favor of the defendants.

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