Lyon v. Bryan
262 P.3d 1199
Utah Ct. App.2011Background
- Lyon underwent rotator cuff surgery by Bryan on November 15, 2005.
- By November 28, Lyon reported arm pain and swelling; Bryan recorded an uneventful recovery.
- December 1 Lyon developed coughing blood, back pain and shortness of breath; embolism diagnosed the next day.
- Lyon sued Bryan for negligence for failing to diagnose the DVT at the November 28 visit; the contested issue was causation of the embolism and damages.
- Jury found Bryan negligent but not the cause of Lyon's injuries; Lyon moved for a new trial, which the district court denied, and the denial was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of causation | Lyon argues evidence shows misdiagnosis caused damages. | Bryan argues jury could disbelieve causation even with negligent misdiagnosis. | No abuse of discretion; causation could be rejected by the jury. |
| Whether jury could rely on an alternate negligence theory | Notes misrecording could be the negligent act causing damages. | Jury could accept negligence unrelated to misdiagnosis, but still find no causation. | Jury could reasonably find negligence in record-keeping but not causally related. |
| Whether the jury was permitted to discount expert causation testimony | Serfustini's causation testimony showed misdiagnosis caused embolism. | Jury not bound to accept expert causation testimony, could weigh credibility. | Jury not required to believe Serfustini; could disbelieve causation evidence. |
Key Cases Cited
- State v. Robbins, 210 P.3d 288 (Utah 2009) (credibility and weight of testimony are for the jury)
- State v. Carter, 707 P.2d 656 (Utah 1985) (weight of expert testimony is for the trier of fact)
- Sorensen v. Sorensen, 769 P.2d 820 (Utah Ct.App. 1989) (trial court may weigh expert testimony)
- Neely v. Bennett, 51 P.3d 724 (Utah Ct.App. 2002) (jury may disregard expert testimony)
- Ortiz v. Geneva Rock Products, Inc., 939 P.2d 1213 (Utah Ct.App. 1997) (undisputed evidence can be insufficient for a finding of no negligence; distinguishable)
- Florez v. Schindler Elevator Corp., 240 P.3d 107 (Utah App. 2010) (new trial standard of review)