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Brown v. Stickley9/29/2004
presented to the jury, then the JNOV is improper. Id.
We find no error in the trial court's refusal to grant the motion for JNOV. Furthermore, even if we considered Brown's argument, that the tests were unnecessary, we still conclude that reasonable people could find that Dr. Stickley did not breach the standard of care. Despite Brown's allegations, the testimony reveals that Dr. Stickley ordered the various tests to rule out possible problems. It was only in hindsight that he determined that they were "medically unnecessary" as Brown did not have the problems he was suspicious of. Accordingly, this assignment of error is without merit.
CONCLUSION
The judgment in favor of the defendant-appellee, Dr. R. Foster Stickley, is affirmed. All costs of this appeal are assessed to the plaintiff-appellant, Susan Brown.
AFFIRMED.
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