directed verdict

• SC: suit for malpractice & lack of consent: directed verdict-malpractice: trial on consent.

CASE FACTS: Faye Fletcher suffered from a blockage in the artery leading to her left arm. As a result, she was experiencing dizziness and numbness in ...

• Nursing Law's Regan Report
• Vol. 51 Nbr. 8, January 2011

• Sivinski v. Kelley, (Ohio 2011)

Trial court erred in failing to grant motion for directed verdict on counterclaims for spoliation of the evidence and abuse of process. Concealment does not give rise to a spoliation of the evidence claim. The absence of any evidence of an ulterior motive warranted a directed verdict on the abuse of process claim. Trial court properly granted directed verdict on plaintiff’s claims for declaratory judgment, breach of contract, unjust enrichment, and breach of fiduciary duty. The doctrines of collateral and judicial estoppel were inapplicable.

• Ohio Supreme Court

• Directed verdict affirmed on Med Mal: reversed on 'lack of consent'.

CASE ON POINT: Fletcher v. University of South Carolina, 4732 SCCA (9/1/2010) -SC CASE FACTS: Faye Fletcher suffered from a blockage in the artery l...

• Medical Law's Regan Report
• Vol. 44 Nbr. 2, February 2011

• Ohio Supreme Court Rules Informed Consent Suit Fails Without Expert Testimony

An informed consent plaintiff was required to produce expert testimony showing it to be more likely than not that the undisclosed greater risk of nerve damage from back surgery proximately caused his chronic pain, the Ohio Supreme Court has ruled in reinstating a directed verdict. The plaintiff suffers severe, chronic pain after undergoing a second discectomy to repair a herniated disc in his back. The first surgery had a positive outcome until the plaintiff reinjured himself while running. The defendant performed both surgeries.

• Lawyers USA
• December 27, 2011

• Diplomate Health Care, L.L.C. v. Coury, (Ohio 2011)

statute of frauds, directed verdict, judgment notwithstanding the verdict, App.R. 16(A)(7), promissory estoppel, hearsay, motion for a new trial

• Ohio Supreme Court

• Directed Verdict

A procedural device whereby the decision in a case is taken out of the hands of the jury by the judge. A verdict is general...

• West's Encyclopedia of American Law
• Com–Dor

• Chattree v. Chattree, (Ohio 2011)

Cognovit promissory note; res judicata; directed verdict

• Ohio Supreme Court

• Waugh v. Chakonas, (Ohio 2011)

negligence – proximate cause – some injury – directed verdict – new trial – manifest weight – expert testimony

• Ohio Supreme Court

• Word of God Church v. Stanley, (Ohio 2011)

The trial court did not err in granting the appellee a directed verdict on the invalidity of a release agreement. The evidence supports the jury’s finding that the appellant had entered into a partnership or joint venture. The trial court did not err in preventing the appellant from presenting evidence or argument about the partnership or joint venture being dissolved. The trial court did not err in allowing the appellee to introduce evidence about liability insurance. The trial court did not err in denying the appellant’s motion for a directed verdict regarding whether a partnership or joint venture existed. The trial court did not err in instructing the jury on the issue of fraud and in denying the appellant’s motion for a directed verdict on that issue. The jury’s verdict on the fra...

• Ohio Supreme Court

• Parrish v. Jones, (Ohio 2012)

medical negligence; directed verdict; opening statement; Civ.R. 50(A)(1); motion for a new trial; Civ.R. 59(A); plaintiff's burden

• Ohio Supreme Court