Dennis J. Morrison, Appellant, v. E. Frederick Barrick, M.d., Appellee, 813 F.2d 402 (4th Cir. 1986)

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US Court of Appeals for the Fourth Circuit - 813 F.2d 402 (4th Cir. 1986) Argued Nov. 13, 1986. Decided Dec. 10, 1986

Before WINTER, Chief Judge, BUTZNER, Senior Circuit Judge, and MACKENZIE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Benjamin W. Glass (William E. Artz; Shevlin, Artz & Curtis, on brief), for appellant.

James E. Haluska (Godard & West, on brief), for appellee.


Dennis J. Morrison appeals from a judgment entered on the verdict of the jury denying him recovery in a medical malpractice case. The primary issue is whether the district court erred in giving an assumption of risk instruction. The evidence disclosed that the doctor who set his broken leg warned him against certain activities. Disregarding that warning, he engaged in those activities and again injured himself. Under the circumstances, an assumption of risk instruction was appropriate. The judgment of the district court is affirmed. After consideration of the briefs and oral argument we find no merit in the other assignments of error.