“Here, we agree with the estate that instruction sixteen as presented to the jury misled the jury by its phrasing. By omitting the operative ‘if/then; language from the proposed instruction, the instruction transformed from an instruction asking the jury to decide whether an alternative approved method of treatment was used (which, if so found, would preclude a negligence finding) to an instruction directing the jury that Cloos did employ an alternative approved method of treatment and was not negligent,” Judge Paul B. Ahlers wrote.
Change of Venue Doesn’t Impede a Request to Change Judges, State Appellate Court Said
After an underlying case was transferred from Miller County to
