Justia Alabama Supreme Court Opinion Summaries

Defendants Randall Boudreaux, M.D., Don Ortego, and Coastal Anesthesia, P.C. appealed a $4,000,000 judgment against them, following a remittitur of a $20,000,000 jury verdict in favor of Paula Pettaway, as administratrix of the estate of Paulett Pettaway Hall, on her wrongful-death/medical-malpractice claim. Upon review of the case, the Supreme Court concluded that the trial court correctly denied the defendants' request for a new trial and appropriately refused to further remit the jury's punitive damages award. Accordingly, the judgment was affirmed. View "Boudreaux v. Pettaway" on Justia Law

Dr. Zenko J. Hrynkiw and Zenko J. Hrynkiw, M.D., P.C., appealed a judgment entered in favor of Thomas and Barbara Trammell in their medical-malpractice action. In 2005, Dr. Hrynkiw, a neurosurgeon, performed fusion surgery on Thomas's spine to relieve pain in his lower back and pain and numbness in his right leg and foot caused by a herniated disk that was creating pressure on a nerve. Immediately following the surgery, Thomas experienced weakness, numbness, and pain in his lower extremities. A second surgery provided Thomas no relief, and he was permanently partially disabled. In 2007, Thomas and his wife Barbara sued Dr. Hrynkiw, alleging negligent diagnosis, treatment and postoperative care. Barbara asserted a claim of loss of consortium. Dr. Hrynkiw raised two issues on appeal: (1) whether the trial court erred by not granting Hrynkiw's judgment as a matter of law on the Trammells' claim relating to Dr. Hrynkiw's postoperative care because the Trammells failed to present substantial evidence that any of Thomas's injuries were probably caused by Dr. Hrynkiw's postoperative care; and (2) whether the trial court erred in allowing hearsay testimony under the learned-treatise exception when, Hrynkiw says, the foundational requirements of Rule 803(18), Ala. R. Evid., were not met. Finding sufficient evidence to support the judgment, the Supreme Court affirmed the trial court. View "Hrynkiw v. Trammell" on Justia Law

Appellee Younus Ismail, M.D. appealed a trial court's denial of his motion for summary judgment pertaining to claims made by Appellants Randy and Joy Paradise. Mr. Paradise was treated in the emergency room of Highlands Medical Center, and a chest x-ray was ordered as part of his treatment. While in the radiology department, he fell and was injured. Mr. and Mrs. Paradise filed suit alleging negligence and wantonness stemming from Mr. Paradise's injuries. Dr. Ismail was the emergency room physician "in charge and control of [Mr.] Paradise's treatment." The Doctor filed a motion to dismiss the charges, arguing the claim was barred by a two-year statute of limitations. Upon review of the trial court's record and the applicable legal authority, the Supreme Court found that the claim was indeed time-barred as to Dr. Ismail. The Court vacated the trial court's order denying the Doctor's motion and remanded the case for the trial court to enter summary judgment in the Doctor's favor. View "Paradise v. Highlands Medical Ctr." on Justia Law