John A. Curran III v. Sherry L. Kroll

Summary

The court affirmed the reversal of a directed verdict for the defendants in a medical malpractice action alleging that a physician failed to warn the decedent that leg pain could signal deep vein thrombosis associated with oral contraceptives. Viewing the evidence in the plaintiff's favor, the court held that a jury could reasonably infer both that the warning was inadequate and that the decedent would have sought treatment if properly warned. The court also held that the appellate court properly considered all relevant trial evidence and that the evidence did not impermissibly rely on character evidence.