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State court of last resort · ST-VA-SC
Gravitt v. Ward
No. 982269Supreme Court of Virginia
982269 Gravitt v. Ward 09/17/1999 In this medical malpractice case there was not sufficient evidence from which the jury could reasonably find that the plaintiff was guilty of contributory negligence. It was e…
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982269 Gravitt v. Ward 09/17/1999 In this medical malpractice case there was not sufficient evidence from which the jury could re…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Sep 17, 1999
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982269 Gravitt v. Ward 09/17/1999 In this medical malpractice case there was not sufficient evidence from which the jury could reasonably find that the plaintiff was guilty of contributory negligence. It was error for the trial court to give the contributory negligence instruction. Because the issue of primary negligence was principally a classic battle of the experts, it cannot be said that the erroneous instruction did not affect the jury's determination of liability. The judgment is reversed and the case remanded for a new trial.
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