Komlodi v. Picciano

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A family-care physician prescribed a powerful medication to treat a patient who suffered from chronic back pain. The patient was known to abuse alcohol and drugs. The complaint alleged that the physician breached the governing duty of care by failing to protect the patient from self-injury. The issue this appeal presented to the Supreme Court centered on the jury’s no-cause verdict and various portions of the trial court's charge on causation. The trial court charged the jury on "preexisting disease or condition" (a "Scafidi" charge). The trial court, however, never identified in its jury charge the preexisting condition or related the facts to the law as required by the Model Jury Charge. Furthermore, this case did not involve the ineluctable progression of a disease on its own. "The ultimate harm caused to the patient was from her own conduct - whether volitional or not - after the physician prescribed the [patch]." For that reason, the court also charged the jury on superseding/intervening causation and avoidable consequences. In a split decision, the Appellate Division overturned the verdict and remanded for a new trial, finding that the trial court erred in giving the Scafidi charge and failed to articulate for the jury the nature of the preexisting condition or explain the proofs and parties' arguments in relation to the law. The panel majority also determined that the court should not have given a superseding/intervening cause charge because the general charge on foreseeability was sufficient. Additionally, it pointed out that the court had mistakenly included the concept of "but for" causation in a case involving concurrent causes. The Supreme Court agreed with the panel majority that the trial court misapplied the Scafidi charge and that the trial court failed to explain the complex concepts of causation in relation to the proofs and legal theories advanced by the parties. The Court disagreed with the panel majority that the charge on superseding/intervening causation was unnecessary in light of the general charge on foreseeability, and concluded the "but for" causation reference apparently was mistake to which no objection was made by either party. The Court therefore affirmed and modified the Appellate Division's and remanded the case for a new trial. View "Komlodi v. Picciano" on Justia Law