Wood v. Humphries
103 So. 3d 1105
| La. Ct. App. | 2012Background
- Duane and Torrie Wood sued Dr. Humphries and LOSGH for emergency-room stroke treatment alleged to breach the standard of care; jury found no liability and dismissed the case.
- The trial court granted JNOV in favor of Wood and reduced damages to satisfy statutory caps, then conditionally granted a new-trial motion.
- The Board (Louisiana Patient’s Compensation Fund and Oversight Board) appealed the JNOV and damages ruling; plaintiffs dismissed LOSGH with reservation of claims against the Board.
- The court reversed the JNOV, reinstated the jury’s verdict, and reinstated the April 13, 2011 judgment; costs assessed to Wood.
- The central issue is whether the plaintiffs proved the applicable standard of care for Dr. Humphries in treating Mr. Wood under Louisiana law.
- There was substantial expert disagreement about the standard of care, supporting both sides’ positions and affecting the JNOV/new-trial rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether JNOV was proper given trial evidence on standard of care. | Wood: evidence showed failure to meet ER stroke standards. | Humphries/Board: jury could reasonably find no standard-of-care breach. | JNOV denied; jury verdict reinstated. |
| Whether the new-trial grant was proper after reversing the JNOV. | Wood: new trial should proceed to correct error. | Court abused discretion by granting new trial. | Conditional new trial reversed; no new trial granted. |
| Whether the medical malpractice damages cap affected the judgment. | |||
| Whether the appellate standard of review for JNOV is met given conflicting expert testimony. | Wood: testimony supports standard-of-care breach. | Humphries/Board: trial evidence could support either conclusion. | Appellate review applied rigorous standard; JNOV reversal appropriate. |
Key Cases Cited
- Joseph v. Broussard Rice Mill, Inc., 772 So.2d 94 (La. 2000) (establishes standard for reviewing JNOV deference to jury verdicts)
- Smith v. State, Dep’t of Transp. & Dev., 899 So.2d 516 (La. 2005) (jury verdict should be reinstated when reasonable minds could differ)
- Cavalier v. State, Dep’t of Transp. & Dev., 994 So.2d 635 (La.App. 1st Cir. 2008) (JNOV reviewed against whether evidence points overwhelmingly to one result)
- Gutierrez v. Louisiana Dep’t of Transp. & Dev., 92 So.3d 380 (La.App. 1st Cir. 2012) (JNOV reversal when jury verdict is reasonable in light of the evidence)
- Davis v. Wal-Mart Stores, Inc., 774 So.2d 84 (La. 2000) (new trial standard; jury verdict supportability in light of evidence)
- VaSalle v. Wal-Mart Stores Inc., 801 So.2d 331 (La. 2001) (affirming jury verdict when reasonable in light of evidence; limits new-trial grants)