This section contains the nature of the case and procedural background.

P died as a result of negligence on the part of Ds, an emergency room physician, and the hospital. P settled with the defendant doctor and went to trial against the hospital. The jury returned a special verdict, finding P 46 percent negligent in causing his own death; hospital, 36 percent negligent; and the doctor, 18 percent negligent. Judgment was entered for P, and then the trial court then set aside the original award and entered a judgment of no cause of action. P appealed.

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