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Lawrence v. Systems6/4/2002
by denying defendant's motion for a new trial on this ground.
Also, defendant did not object to the allegedly improper "informed consent" remarks at trial, thereby precluding relief absent plain error affecting defendant's substantial rights. Kern v Blethen-Coluni, 240 Mich App 333, 336; 612 NW2d 838 (2000). The trial court instructed the jury that the arguments, statements, and remarks by the attorneys were not evidence, and that it should disregard any statements by the attorneys that were not supported by the evidence. Thus, were we to view counsel's remarks as injecting the concept of "informed consent," we are satisfied that defendant's substantial rights were not affected.
Finally, we find no merit to defendant's claim of instructional error. We review jury instructions "in their entirety to determine whether the instructions given adequately informed the jury regarding the applicable law reflecting and reflected by the evidentiary claims in the particular case." Rickwalt v Richfield Lakes Corp, 246 Mich App 450, 459; 633 NW2d 418 (2001). Having already concluded that plaintiff's action alleged ordinary negligence, we believe that the instruction provided, SJI2d 10.02, appropriately defined the applicable standard of care. Therefore, the trial court did not err by denying defendant's request for a special jury instruction.
Affirmed.
Henry William Saad
Donald S. Owens
Jessica R. Cooper
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