Coombs v. Curnow, 148 Idaho 129

Summary

The Idaho Supreme Court reviewed a judgment notwithstanding the verdict in a medical malpractice action arising from a child's death after prolonged, high-dose Propofol sedation. The court held that a trial court may not reconsider the admissibility of evidence already submitted to the jury when ruling on a j.n.o.v. motion and may not weigh conflicting expert testimony at that stage. The court vacated the judgment notwithstanding the verdict and remanded with instructions to reinstate the jury's verdict.

Holdings

1. An Idaho trial court may not reconsider and exclude evidence that was submitted to the jury when determining whether a judgment notwithstanding the verdict is proper.
2. Substantial and competent evidence supported the jury's verdict that the physicians breached the applicable standard of care and that their conduct proximately caused Michael Hall's death.
3. The physicians were not entitled to attorney fees under Idaho Code section 12-121 because they were not prevailing parties on appeal.

Questions Presented

1. Whether a trial court may reconsider the admissibility or reliability of evidence already submitted to the jury when ruling on a motion for judgment notwithstanding the verdict.
2. Whether substantial and competent evidence supported the jury's findings that the physicians breached the applicable standard of care and proximately caused Michael Hall's death.
3. Whether the physicians were entitled to attorney fees on appeal.

Disposition

vacated