ALLISON v. BROWN

Record No. 160314.

801 S.E.2d 761 (2017)

David W. ALLISON, et al. v. Deborah BROWN.

Supreme Court of Virginia.

July 27, 2017.


Attorney(s) appearing for the Case

Michael E. Olszewski ( Benjamin M. Wengerd ; Richard L. Nagle ; Tracie M. Dorfman ; Hancock, Daniel, Johnson & Nagle, on briefs), Fairfax, for appellants.

Edward L. Weiner ; Mikhael D. Charnoff ( Scott M. Perry ; Weiner, Spivey & Miller, Fairfax; Perry Charnoff , Arlington, on brief), for appellee.

PRESENT: All the Justices.


We consider in this medical malpractice appeal whether the plaintiff pled a claim for battery in her complaint and whether the trial court erred in instructing the jury on battery and informed consent and in denying a motion to strike that claim. For the reasons explained below, we reverse and remand the...

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