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Wicklund v. Handoyo11/1/2005
ngly, by applying the aforementioned maxim of statutory construction, we hold that the trial court correctly refused to allow the jury to apportion fault to Drs. Lee and Kayembe because Section 538.230(1) does not apply to parties named in the original petition, but not "released" pursuant to Section 538.230(3). Point three is denied.
CONCLUSION
For the foregoing reasons, we conclude that the trial court did not err when it denied Appellants' motions for a directed verdict and JNOV, or in the alternative, for a new trial because Dr. Cooperman properly stated the standard of care and established a causal connection between Appellants' care and David's subsequent death. Finally, the trial court did not err when it instructed the jury that it may only apportion fault to Drs. Handoyo and Singh because, under Section 538.230(3), Drs. Lee and Kayembe were never "released" from liability, and as such, they could not be subject to a jury's apportionment of liability pursuant to Section 523.230(1).
The judgment of the trial court is AFFIRMED.
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