WASHBURN v. KLARA

Record No. 011034.

561 S.E.2d 682 (2002)

263 Va. 586

Janice WASHBURN v. Peter KLARA, M.D., et al.

Supreme Court of Virginia.

April 19, 2002.


Attorney(s) appearing for the Case

Judith M. Cofield, Virginia Beach, for appellant.

Jason R. Davis, Norfolk; Charles M. Allen (R. Barrow Blackwell, Norfolk; Michael D. Hancock, Mechanicsville; Kaufman & Canoles; Goodman, Allen & Filetti, on briefs), for appellees.

Present: All the Justices.


KINSER, Justice.

In this claim of battery, the issue is whether the evidence raises a reasonable inference that the defendant surgeon intentionally performed a surgical procedure exceeding the scope of the plaintiff's consent. Because we conclude that the plaintiff presented sufficient evidence to create a factual dispute on this issue, which a jury must resolve, we will reverse the circuit court's judgment striking the plaintiffs evidence and remand the case for...

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