Supreme Court of Alabama
Dr. Ann M. Mottershaw v. Shannon Ledbetter, as Administrator of the Estate of Venoria Womack, Deceased the Radiology…
November 8, 2013148 So. 3d 45
Summary
The Supreme Court of Alabama affirmed orders granting Ledbetter a new trial after the jury received unredacted medical-record references to a CT scan that the trial court had excluded. The court held that the trial court did not exceed its discretion in finding that the extraneous material might have improperly influenced the jury, particularly because the jury specifically asked about the excluded scan during deliberations. The court also rejected arguments concerning waiver, invited error, the untimely affidavit, and costs.