The trial in the medical malpractice wrongful death case of Birt Heirs v. Cottam (see my post for September 12th) should finish tomorrow, Friday, September 24th.
After argument on a few remaining jury instructions, closing arguments should start around 8:30. The case should be to the jury by lunchtime.
Of course, I’ll blog as soon as I learn what the verdict is.
There was some motions practice over the “Consent for Withdrawal of Life Support” signed by plaintiff– defendants asserted that this constituted a release of the claims now at issue. Plaintiff demurred, urging that this defense was waived, and that the Consent is otherwise unenforceable as a release.
Judge Bates today held for the plaintiff on this issue–the consent form’s “hold harmless” language does not, as a matter of law, constitute of a release of the claims for negligence.