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LaRose v. Washington University11/9/2004
Opinion Vote: AFFIRMED.
Crandall Jr., J. and Russell, S.J., concur.
Opinion:
Washington University ("defendant") appeals the judgment on a jury verdict in favor of Gail LaRose and Richard LaRose (collectively referred to herein as "plaintiffs"). Defendant claims that the trial court erred in denying its motion for judgment notwithstanding the verdict because plaintiffs failed to make a submissible case. Additionally, defendant claims that the trial court erred in denying its motion to amend the judgment, or in the alternative for remittitur or new trial because the judgment was excessive. Finally, defendant argues that the trial court erred in denying its motion for new trial because undue prejudice resulted from the court's decision to allow Richard LaRose to testify twice during the trial, including once near the end of defendant's case. Finding no error, we affirm
Mohammad Moaddabi, M.D. was Gail LaRose's primary care physician. Dr. Moaddabi referred Gail to Benjamin Schwartz, M.D., one of Washington University's physicians, for the evaluation of a potential rheumatological condition in June 2000. Dr. Moaddabi provided Dr. Schwartz with certain radiological reports for his evaluation of Gail, including a bone scan report which recommended a bilateral renal ultrasound. Dr. Schwartz examined Gail, and treated her rheumatological condition, but did not order the ultrasound as recommended by the bone scan report. In February 2001, Gail was ultimately diagnosed with ovarian cancer. Plaintiffs subsequently filed a petition alleging medical malpractice against Dr. Moaddabi, Dr. Schwartz and Washington University for failure to timely diagnose her ovarian cancer and alleging loss of consortium on behalf of Richard LaRose. After trial, a jury returned a verdict in favor of plaintiffs and against defendant on each of their claims. Specifically, the jury assessed fifty percent fault to Washington University and fifty percent to Dr. Moaddabi. The jury awarded Gail LaRose $70,000.00 in past economic damages, $430,000.00 in past non-economic damages, $400,000.00 for future economic damages, and $2,000,000.00 for future non-economic damages. The jury determined that Gail lost a fifty-seven percent chance of recovery. On Richard LaRose's claim for loss of consortium, the jury found that he did sustain damage as a result of the injury to his wife Gail, and awarded him $50,000.00 in past non-economic damages and $200,000.00 in future non-economic damages. The court entered its judgment on the jury's verdict, reducing the amount of damages awarded to plaintiffs. The court found that the jury's award of past economic damages for Gail's claim exceeded the evidence, and reduced it accordingly. The court also reduced the damages awarded to both plaintiffs by multiplying the amount by the percentage of chance lost, as found by the jury. This amount was then reduced by the amount of fault assessed to Dr. Moaddabi, as a result of his settlement with plaintiffs. The amount of non-economic damages was further reduced by the maximum limit set forth in section 538.210 RSMo (Cum. Supp. 2003), which at the time of judgment was $557,000.00. The court noted that it made no such reduction to the damages awarded to Richard because the amount was already less than this maximum limit. Thus, after the reductions made by the trial court, Gail LaRose was awarded a total of $690,908.56 in damages, and Richard LaRose was awarded $71,250.00. The trial court subsequently denied defendant's motions for judgment notwithstanding the verdict, for remittitur, new trial or to amend the judgment. Defendant now appeals.
In its first point on appeal, defendant claims that the trial court erred in denyin
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