Windrum v. Kareh

In this wrongful death case, the Supreme Court reversed the judgment of the court of appeals reversing the judgment of the trial court in favor of Plaintiff on her claim that Defendant, a neurosurgeon, was negligent, holding that the court of appeals erred in reversing the trial court.The Supreme Court remanded this case to the court of appeals, holding (1) the expert testimony was not conclusory, and therefore, the jury could rely on it to conclude that Defendant was negligent in breaching his standard of care by failing to treat his patient properly; (2) Defendant’s negligence was not too remote to be a proximate cause of the decedent’s death; and (3) the court of appeals erred in deciding factual sufficiency without explaining its application of the standard. View "Windrum v. Kareh" on Justia Law