P. Timothy English, M.d.; Family Medicine Clinic, P.a.; John H. Brunner, M.d.; and Heritage Physician Group, P.a…

Summary

The court affirmed the circuit court’s order granting Robbins a new trial because the late third-party complaints, improper jury instructions, and submission of the released physician’s fault created cumulative errors that were not shown to be harmless. It also held that Act 1116 could not be applied retroactively because it created a new substantive right to allocation of fault. Robbins’s cross-appeal was dismissed as moot. Justice Danielson, dissenting and joined by Justice Corbin, would have reversed and remanded because the jury found that English and Brunner did not violate the standard of care.