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McQueen v. Jersani8/26/2005
argument overlooks the existence of other evidence from which the jury could have estimated the decedent's life expectancy.
Virginia gave detailed testimony bearing on her husband's health and physical condition prior to his death, and as to his lifestyle and activities. Expert testimony as to his life expectancy, while helpful to the jury, was not essential. The existence of other evidence from which life expectancy can be determined distinguishes this case from decisions relied upon by the defendant for the proposition that expert testimony which is equivocal or confusing may be deemed to lack probative value. The jury had before it competent evidence from which it could consider the probable life expectancy of the decedent. The defendant's challenge is really to the weight to be accorded the evidence which was ultimately for the jury. The trial court reversibly erred in granting the JNOV on the basis that no evidence of damages was presented.
Evidence of Causation
The defendant claims the JNOV was additionally proper because the plaintiff failed to present evidence that his negligence caused the decedent's death.
Viewing the evidence and reasonable inferences in the light most favorable to the plaintiff establishes that the plaintiff presented sufficient competent evidence on causation to create a jury issue. In particular, Dr. Stoner testified that in the absence of the defendant's negligence, Milton likely would not have had the cardiac episode which caused his death or would have survived that episode. While Dr. Stoner was unwilling to opine as to how long Milton would have lived absent the defendant's negligence, and that it was possible he had exceeded his life expectancy, it was for the jury to determine, based upon all the evidence, how long the decedent would have survived in the absence of the defendant's negligence. Sufficient evidence of causation was presented to preclude a JNOV.
Accordingly, we reverse the JNOV and remand for entry of final judgment in accordance with the jury verdict.
REVERSED and REMANDED.
MONACO, J., and KENNEDY, P., Associate Judge, concur.
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