New Trial Ordered In Georgia Suit For Erroneous Instructions On Assumption Of Risk

(October 8, 2018, 9:06 PM EDT) -- ATLANTA — The Georgia Court of Appeals reversed a defense verdict for a physician accused of prescribing too much blood pressure medication to a plaintiff who was injured when he fell off a deer stand.  The appeals court ordered a new trial, concluding Sept. 26 that the evidence did not support an assumption-of-risk instruction to the jury because it was unclear whether the plaintiff knew that the medication would make him dizzy if he didn’t follow his physician’s directions (Shane H. Berryhill, et al. v. Dale P. Daly, et al., Nos. A18A1089 and A18A1362, Ga. App., 2018 Ga. App. LEXIS 526)....

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