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Williams v. W.O. Moss Regional Medical Center6/1/2005
Court composed of Glenn B. Gremillion, Billy Howard Ezell, and James T. Genovese, Judges.
REVERSED.
This case is a medical malpractice case. Moss Regional Medical Center (Moss Regional) and Dr. Claude Simon appeal the judgment of the trial court granting a judgment notwithstanding the verdict and new trial in favor of the Plaintiffs, the family of Mary Williams. For the following reasons, we reverse the decision of the trial court and reinstate the findings of the jury.
On January 29, 1996, Mrs. Williams had a mammogram performed at Moss Regional. Dr. Claude Simon, a radiologist, reviewed the mammogram film. He found two questionable nodules, but decided they were benign. One year later, Mrs. Williams found a small lump in her breast and went back to Moss Regional for another mammogram, which was performed on January 29, 1997. Dr. Simon again reviewed the films, this time finding changes that indicated cancer. Mrs. Williams had a radical mastectomy of her right breast. Mrs. Williams and her husband filed this suit, claiming that the hospital and the doctor committed medical malpractice in failing to find the cancer in the first mammogram. Mrs. Williams died from the cancer after the suit was filed. Her husband and the couple's three children amended the suit to include wrongful death and survivorship actions.
A jury trial was held on May 3, 2004. The jury ruled in favor of the hospital and the doctor, finding no failure to meet the appropriate standard of care. The Plaintiffs filed a motion for judgment notwithstanding the verdict (JNOV) and a motion for new trial, claiming that the jury's decision was against the law and the evidence. After a hearing on these motions, the trial judge found that the jury's findings were against the law and evidence before the court, and granted the motion for JNOV. After overruling the jury's decision, the trial judge awarded the Plaintiffs $500,000 in damages. The trial judge also granted the motion for new trial. From this decision, Dr. Simon and Moss Regional appeal.
Dr. Simon and Moss Regional assert two assignments of error. They claim that the trial judge was wrong in overturning the jury's decision and that the trial judge was incorrect in granting the motion for new trial. We agree.
We will first address the JNOV. Louisiana Code of Civil Procedure Article 1811(F) is the authority for a JNOV. The article provides that a motion for JNOV may be granted on the issue of liability or on the issue of damages or on both. In Smith v. Lee, 00-1079, pp. 2-3 (La.App. 5 Cir. 4/11/01), 783 So.2d 642, 644, writ denied, 01-1731 (La. 9/28/01), 798 So.2d 116, the court noted:
A judgment notwithstanding the verdict is warranted when the facts and inferences point so strongly and overwhelmingly in favor of one party that the court believes that reasonable men could not arrive at a contrary verdict. The motion should be granted when the evidence points so strongly in favor of the moving party that reasonable men could not reach different conclusions, not merely when there is preponderance of evidence for the mover. If there is evidence opposed to the motion which is of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions, the motion should be denied. In making this determination, the court should not evaluate the credibility of the witnesses, and all reasonable inferences of factual questions should be resolved in favor of the non-moving party. See Anderson v. New Orleans Public Services, Inc., 583 So.2d 829 (La.1991), LSA-C.C.P. art. 1811 and Davis v. Wal-Mart Stores, Inc., 00-445 774 So.2d 84 (La.11/28/00).
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