Supreme Court of Alabama, 1996

Jefferson Clinic, P.C. v. Mixon

Supreme Court of Alabama · Decided September 6, 1996 · Houston, Hooper, Almon, Ingram, Butts

684 So. 2d 127; 1996 Ala. LEXIS 481 (Southern Reporter, Second Series)

Counsel

Michael K. Wright and Sybil Vogtle Abbot of Starnes Atchison, Birmingham, for Jefferson Clinic, P.C. Robert D. Norman and Robert D. Norman, Jr. of Norman, Fitzpatrick, Wood Kendrick, Birmingham, for David Young, Jr., M.D. [fn*] Joan B. Singleton, Bessemer, for Y. D. Mixon. [fn*] Note from the Reporter of Decisions: The Court's opinion carried the name "David Young"; his brief carried the name "David Young, Jr."

Opinion of the Court

HOUSTON, Justice.

The judgment entered on the jury’s verdict for Dr. David Young is affirmed. However, the trial court’s order granting a new trial on the plaintiffs claim against Jefferson Clinic, P.C., is reversed on the ground that the evidence does not sufficiently indicate that any physician/employee of the clinic breached the appropriate standard of care in treating the plaintiff. In this respect, the case is remanded for the trial court to grant the clime’s motion for a judgment notwithstanding the verdict.

1950388 — REVERSED AND REMANDED WITH INSTRUCTIONS.

1950473 — AFFIRMED.

HOOPER, C.J., and ALMON, INGRAM, and BUTTS, JJ., concur.

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