(Download) "Robert Lee Baker v. Joaquin R. Guzon" by Eastern District, Division Four Court of Appeals of Missouri # Book PDF Kindle ePub Free
eBook details
- Title: Robert Lee Baker v. Joaquin R. Guzon
- Author : Eastern District, Division Four Court of Appeals of Missouri
- Release Date : January 22, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Joaquin R. Guzon, M.D. ( Guzon ) appeals from a judgment entered on a jury verdict in the Circuit Court of the City of St. Louis awarding Robert Lee Baker, Curtis Baker, Lisa Clow, and Darin Baker ( collectively Bakers ) damages of $829,500 for the wrongful death of Betty Baker ( wife ), wife of Robert Lee Baker ( husband ) and mother of Curtis Baker, Lisa Clow, and Darin Baker. St. Anthony's Medical Center, also a defendant, settled on the morning of trial. On appeal, Guzon contends that the trial court erred in ( 1 ) overruling his motions for directed verdict and for judgment notwithstanding the verdict because Bakers failed to make a submissible case of wrongful death by failing to present evidence establishing a causal relationship between Guzon's alleged conduct and wife's death; ( 2 ) permitting Bakers to submit the case to the jury under Instruction Number Seven because each disjunctive submission contained in the instruction was not supported by substantial evidence that but for ( a ) Guzon's alleged failure to timely diagnose wife's infection, she would not have died; ( b ) Guzon's alleged failure to timely examine wife, she would not have died; ( c ) Guzon's alleged failure to timely order intravenous antibiotics, she would not have died; and ( d ) Guzon's alleged failure to timely obtain surgical consultation, she would not have died; and ( 3 ) finding that, under section 538.220.2 RSMo 1994 ( all references hereinafter will be to RSMo 1994 unless otherwise noted ), only that portion of the future damages award of $527,100 exceeding $100,000 and payable to an individual plaintiff was subject to periodic payments and entering a periodic payment order that first deducted attorney's fees and expenses from the future damages award and then ordered only two periodic payments to husband. We affirm.
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