§1

Citation: §1
Parent Document: Patrick Blanks v. Fluor Corporation, 450 S.W.3d 308 (2014)
Jurisdiction: Missouri (state)
Effective Date: 2014-09-16
Original Source: https://www.courtlistener.com/opinion/2733178/patrick-blanks-v-fluor-corporation/ ↗

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62
   The instruction in Stone read, with the challenged phrase in italics:
          In your verdict you must assess a percentage of fault to plaintiff Bobby Joe Stone,
          whether or not defendants were partly at fault, if you believe:
                    First, plaintiff Bobby Joe Stone failed to follow the instructions of his doctors,
                    and
                    Second, plaintiff Bobby Joe Stone was thereby negligent, and
                    Third, such negligence of plaintiff Bobby Joe Stone caused or directly
                    contributed to cause any damage plaintiff may have sustained.
63
   In total, the verdict director read, with the complained-of phrase in italics:
          Your verdict must be for the plaintiff if you believe:
                    First, defendant placed a surgical clip in a position that extended partially
                    across the common hepatic bile duct of plaintiff; and
                    Second, defendant was thereby negligent; and
                    Third, as a direct result of such negligence, plaintiff sustained damage.

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