Asher v. OB-GYN Specialists, P.C.

Larysa and Alan Asher filed an action individually and as parents and next friends of their minor child, asserting that Dr. Anthony Onuigbo was negligent in delivering their baby. The jury found in favor of Asher and awarded damages. Onuigbo appealed. The Supreme Court affirmed, holding (1) the district court erred 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 the Court in Thompson v. Kaszinski, but the error was harmless under the facts and circumstances of this case; and (2) substantial evidence supported submission of two challenged specifications of negligence to the jury. View "Asher v. OB-GYN Specialists, P.C." on Justia Law