SCHUESSLER v. WOLTER Michael Schuessler, Plaintiff-Appellee and Cross-Appellant, v. James Wolter, M. D. ; and Pinnacol Assurance, Defendants-Appellants and Cross-Appellees. In these malpractice and workers' compensation insurance bad faith cases, which were consolidated and tried together, defendants, James Wolter, M. D. (Wolter) and Pinnacol Assurance (Pinnacol), appeal the judgments entered on jury verdicts in favor of plaintiff, Michael Schuessler (Schuessler), who also cross-appeals certain trial court rulings. Schuessler commenced a medical malpractice action against Wolter, contending that Wolter negligently caused a contusion to his spinal cord during surgery by bumping or nicking it with a surgical tool. Schuessler also argues that because Wolter did not object to Instruction No. 1 as a misrepresentation of his theory of the case, he waived any objection. Although we are remanding for a new trial concerning Schuessler's claim against Wolter, this issue may arise in the event Schuessler again recovers damages from Wolter.

Download full case here.