 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
VAN OVERBEKE v. YOUBERG11/22/1995
nce. The plaintiff contends that the evidence did not support the jury's evidentiary conclusions with respect to both her claims of negligence and her claim of fraudulent concealment. Because we find that the time bar of section 614.1(9) is dispositive, we address the sufficiency of the evidence only insofar as it applies to the plaintiff's claim of fraudulent concealment.
Any claim of fraudulent concealment based on a failure to disclose (as opposed to an affirmative act of concealment) was resolved in the foregoing discussion. As to any affirmative act of concealment, we believe there was sufficient evidence upon which the jury rejected the plaintiff's claim of concealment. Dr. Youberg, the nurses, and hospital employees uniformly testified that the information was not concealed.
In summary, we find no error in the trial court's instructions or the failure of the trial court to grant a new trial on the basis of the alleged insufficiency of the evidence. Accordingly, we affirm.
AFFIRMED.
|