Robert Smith, Administrator v. Carolyn Clark, M.D. and Cabell Huntington Hospital, Inc.

Summary

This document is a dissenting opinion in a medical-malpractice appeal. Justice Hutchison, joined by Justice Workman, argues that the circuit court committed reversible error by excluding the plaintiff’s nursing standard-of-care expert and failing to remove a prospective juror with an ongoing business relationship with defense counsel. The dissent contends that these errors substantially prejudiced the plaintiff and warranted a new trial.

Holdings

1. In the dissent's view, the circuit court abused its discretion by excluding the plaintiff's nursing standard-of-care expert rather than curing the obstetrical expert's unsolicited statement with an instruction to the jury.
2. In the dissent's view, the circuit court abused its discretion by refusing to remove Juror No. 82 for cause because her longstanding and ongoing business relationship with the hospital's defense attorneys created a probability of bias.

Questions Presented

1. Whether the circuit court abused its discretion by excluding the plaintiff's nursing standard-of-care expert after the plaintiff's obstetrical expert made an unsolicited statement about nursing care.
2. Whether the circuit court abused its discretion by refusing to strike Juror No. 82 for cause based on her longstanding and ongoing business relationship with the hospital's defense counsel.
3. Whether the evidentiary and juror-selection errors caused substantial prejudice warranting a new trial.

Disposition

affirmed