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Harris v. Mt. Sinai Medical Center5/28/1998
The remaining assignments of error concern the same issue and we will address them together:
X.
THE TRIAL COURT COMMITTED PREJUDICIAL ERROR BY DENYING APPELLANTS THEIR RIGHT TO A FAIR TRIAL IN VIOLATION OF THE CONSTITUTIONAL RIGHT TO A TRIAL BY JURY.
XI.
THE TRIAL COURT ERRED TO THE PREJUDICE OF APPELLANTS IN DENYING APPELLANTS' MOTION FOR DIRECTED VERDICT AGAINST MT. SINAI HOSPITAL.
Regarding these assignments of error, appellants argue the court erred by failing to submit the issue of Mount Sinai's negligent staffing to the jury and by failing to direct a verdict against Mount Sinai on this issue.
Mount Sinai contends the court did not err because appellants presented no evidence establishing this claim during their case in chief.
The issue before us, then, is whether the court erred by refusing to permit the jury to decide this claim.
Our review of the record indicates the court explicitly instructed the jury on the issue of respondeat superior liability of Mount Sinai for the negligence of its physicians and employees. Because the record contains no expert evidence whatsoever pertaining to the claim that Mount Sinai negligently staffed its hospital, the court did not err in refusing to direct a verdict on this issue or to submit this claim to the jury. Accordingly, these assignments of error are without merit and are overruled.
The judgment of the trial court is accordingly affirmed.
Judgment affirmed.
It is ordered that appellee(s) recover of appellant(s) costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Common Pleas Court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
DIANE KARPINSKI, J., and LEO M. SPELLACY, J., CONCUR
PRESIDING JUDGE TERRENCE O'DONNELL
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