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Walker v. Giles11/18/2005
case to a jury to determine whether Dr. Smith and Dr. Novak were solely responsible for Walker's injuries, or whether in this case there was "more than one proximate cause." Atlanta Gas Light Co., 78 Ga. App. at 695 (1).
In conclusion, we emphasize that appellees highly dispute appellants' version of the facts, including but not limited to the specific symptoms manifested by Walker and their severity; whether Walker had appendicitis prior to her first discharge from the hospital; whether appellees performed physical examinations of Walker while she was in the hospital; whether Dr. Gingrey visited Walker's hospital room and spoke with her about her condition; and the extent to which appellees were provided information and assurances from Dr. Smith and Dr. Novak concerning Walker's condition. Moreover, it is clear that appellees' experts, had they testified, would have disagreed over what could have been deduced from Walker's initial blood study and the role that obstetricians are required to play in a pregnant patient's care once a general surgeon has been consulted on an abdominal infection. A jury, after considering all of the evidence, may exonerate appellees from any liability in this case. However, in reviewing a motion for directed verdict, we must view the evidence in the light most favorable to the non-movant, and such a verdict "may not be granted because the strength or weight of the evidence [may appear to be] on one side." Coleman, 260 Ga. at 570. "Before the trial court can direct a verdict for the movant, he must find from the evidence that there is no evidence of any kind supporting the non-movant's position." (Emphasis in original.) Knight, 262 Ga. App. at 223. That was not the case here.
Judgment reversed. Blackburn, P. J., and Miller, J., concur.
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