Univ. of Miss. Med. Ctr. v. Foster, et al.
| Docket Number: | 2010-CT-00791-SCT Linked Case(s): 2010-CA-00791-COA ; 2010-CA-00791-COA ; 2010-CT-00791-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 02-14-2013 Opinion Author: Dickinson, P.J. Holding: Court of Appeals reversed; Circuit court reinstated and affirmed. |
|
| Court of Appeals: |
Opinion Link Opinion Date: 12-13-2011 Opinion Author: Ishee, J. Holding: Reversed and rendered |
|
| Additional Case Information: |
Topic: Wrongful death - Sufficiency of evidence - Exclusion of expert testimony - M.R.E. 103 Judge(s) Concurring: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - WRONGFUL DEATH Writ of Certiorari: Yes Appealed from Court of Appeals |
|
| Trial Court: |
Date of Trial Judgment: 01-04-2010 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: FOLLOWING A BENCH TRIAL, THE CIRCUIT COURT DETERMINED THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER BREACHED THE STANDARD OF CARE AND ENTERED A JUDGMENT AGAINST IT IN THE AMOUNT OF $500,000 Case Number: 251-07-142CIV |
|
| Note: | The Supreme Court reversed the Court of Appeals finding that the trial judge’s findings were supported by substantial credible evidence, and any error associated with her ruling on expert testimony was not preserved with an appropriate proffer of the expected testimony. The original Court of Appeals opinion can be found at http://courts.ms.gov/Images/Opinions/CO72479.pdf . | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | University of Mississippi Medical Center |
ROBERT H. PEDERSEN
WALTER T. JOHNSON
JOSEPH GEORGE BALADI |
||
| Appellee: | Donnie Foster and Shirley Foster as Legal Guardians of the Minor Child, Malik R. Caldwell and on Behalf of the Wrongful Death Beneficiaries of Tamika Foster | DAVID C. DUNBAR |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Wrongful death - Sufficiency of evidence - Exclusion of expert testimony - M.R.E. 103 |
| Summary of the Facts: | The parents of Tamika Foster on behalf of Tamika’s newborn baby and Tamika’s wrongful death beneficiaries filed suit against the University of Mississippi Medical Center, alleging that Thrombotic Thrombocytopenia Purpura was the cause of her death and that UMMC failed to properly diagnose and treat Foster for TTP. The trial judge found for the plaintiffs and awarded $1,230,965 in damages but reduced that amount to the statutory limit of $500,000. UMMC appealed, and the Court of Appeals reversed and rendered. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence UMMC argues that the court’s finding that Foster died from TTP was not supported by substantial evidence. UMMC argued that Foster instead had Class I hemolysis, elevated liver enzyme levels, and low platelet-count syndrome (HELLP) and was properly treated for that condition. Dr. James Martin, one of Foster’s physicians at UMMC, wrote an article in which he indicated that Foster was “a patient considered to have [HELLP] syndrome, but later determined to have [TTP].” One of the plaintiff’s expert witnesses, a board-certified hematologist, agreed that TTP was the cause of Foster’s death. Although UMMC argues that Dr. Martin’s article is unreliable, there was expert testimony at trial which refuted this. When expert testimony conflicts at trial, the trier of fact resolves the conflict. Thus, there was no error by the trial court in this case. Issue 2: Exclusion of testimony UMMC argues that the court erred by excluding testimony from two of its experts. However, the record shows that UMMC was allowed to ask the two expert witnesses the questions it wanted to ask. In addition, UMMC made no proffer of the testimony it claims was excluded as is required by M.R.E. 103. Thus, the judgment of the circuit court is reinstated. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
