Hayward v. Summa Health Sys./Akron City Hosp.

A colorectal surgeon and a surgical resident at a hospital (collectively, Defendants), performed abdominal surgery on Plaintiff in 2007. In 2009, Plaintiff filed a medical malpractice claim against Defendants, alleging that Defendants’ negligence caused her femoral-nerve damage. The jury entered verdicts for Defendants. Plaintiff filed a motion for judgment notwithstanding the verdict, arguing that the verdicts could not be reconciled with the evidence. The trial court denied the motion. The court of appeals reversed and remanded for a new trial, holding (1) the trial court properly overruled Plaintiff’s motion for judgment notwithstanding the verdicts; but (2) the trial court erred in instructing the jury on remote cause. The Supreme Court reversed, holding that the court of appeals erroneously found prejudicial error in the remote-cause jury instruction. Remanded.View "Hayward v. Summa Health Sys./Akron City Hosp." on Justia Law