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 after concluding that the 2013 statutory amendments creating a right to fault allocation could not be applied retroactively and that the trial was affected by cumulative errors. The court declined to reach Robbins’s cross-appeal because affirming the new-trial order made those issues moot. Justice Danielson, joined by Justice Corbin, dissented, reasoning that the jury’s finding that the appellants did not breach the standard of care made any allocation-of-fault error irrelevant.