Justus v. Rosner

The Supreme Court affirmed the decision of the Court of Appeals in this medical malpractice suit remanding the case for a new trial on the issue of damages, holding that the trial court did not err in setting aside the jury’s verdict on the ground that the jury awarded insufficient damages to Plaintiff.In the complaint Plaintiff alleged that Defendant-doctor performed unnecessary surgeries on his now-deceased wife. The jury found Defendant liable for negligence and that Plaintiff’s wife had suffered damages in the amount of $512,162 but that her damages should be reduced by $152,161 because of her unreasonable failure to minimize her damages. The trial court entered judgment in the amount of $1. The trial court subsequently granted Plaintiff’s motion to alter or amend the judgment and entered an amended judgment awarding damages in the amount of $512,162. The Court of Appeals upheld the trial court’s decision to set aside the jury verdict but concluded that the trial court erred by entering an amended judgment rather than ordering a new trial. The Supreme Court affirmed, holding (1) the trial court’s decision to set aside the jury’s verdict was not an abuse of discretion; and (2) the Court of Appeals did not err in affirming the trial court’s assessment of $175,547 in costs against Defendants. View "Justus v. Rosner" on Justia Law