Sheila Miller, as Administratrix of the Estate of George Miller, M.d., Deceased v. Velisa Lynn Bailey; Velisa Lynn…

Summary

The court affirmed the judgment for Bailey on her medical-negligence claim, holding that substantial evidence supported a jury finding that Dr. Miller's suturing of an inflamed stomach perforation probably caused additional injuries. It also affirmed judgment as a matter of law for Miller on Bailey's wantonness claim because the evidence did not establish reckless or conscious disregard for Bailey's safety. The court further declined to revisit the prior determination that the future-damages provision was unconstitutional and therefore upheld the refusal to submit Miller's proposed verdict form. Justice Murdock, joined by Justice Stuart, dissented from the medical-negligence affirmance but concurred in the wantonness affirmance.