NORTHEAST ALA. REG. MED. CTR. v. Owens

584 So. 2d 1360
CourtSupreme Court of Alabama
DecidedJune 28, 1991
Docket89-1590, 89-1635
StatusPublished
Cited by3 cases

This text of 584 So. 2d 1360 (NORTHEAST ALA. REG. MED. CTR. v. Owens) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
NORTHEAST ALA. REG. MED. CTR. v. Owens, 584 So. 2d 1360 (Ala. 1991).

Opinion

584 So.2d 1360 (1991)

NORTHEAST ALABAMA REGIONAL MEDICAL CENTER
v.
Betty OWENS.
James OWENS
v.
NORTHEAST ALABAMA REGIONAL MEDICAL CENTER.

89-1590, 89-1635.

Supreme Court of Alabama.

June 28, 1991.

*1361 Robert C. Dillon of Merrill, Porch, Dillon & Fite, Anniston, for appellant, cross-appellee Northeast Ala. Regional Medical Center.

Shay Samples and Ronald R. Crook of Hogan, Smith, Alspaugh, Samples & Pratt, Birmingham, for appellee Betty Owens and appellant James Owens.

ON APPLICATION FOR REHEARING

MADDOX, Justice.

This Court's opinion of May 17, 1991, is withdrawn and the following is substituted therefor.

These are consolidated appeals. A hospital appeals from a judgment entered upon a jury verdict awarding a plaintiff wife $350,000 in compensatory damages for negligence in treating her while she was a patient in the hospital. The hospital makes several claims of error: 1) that the trial judge should have reduced the judgment against it to $100,000, the statutory "cap";[1] 2) that the trial court erred in instructing the jury; and 3) that the verdict *1362 was excessive and against the weight and preponderance of the evidence.

The plaintiff husband, who had filed a derivative claim for the loss of his wife's services and consortium, also appeals, claiming that the verdict of the jury that found in his favor but awarded him zero damages was inconsistent and that he is entitled to a new trial to establish his damages.

Facts

In October 1984 Betty Owens was admitted to Northeast Alabama Regional Medical Center ("the Medical Center") by Dr. A.N. Taylor for a closed shoulder manipulation on her left shoulder. Dr. Taylor placed Mrs. Owens under general anesthesia and, using force, loosened the adhesions in the shoulder that were limiting her shoulder movement. After surgery, her arm was placed in traction above and behind her head. After she returned to her room she began to experience numbness in her hand and a tingling sensation in her fingers.

Nurses visited Mrs. Owens over 34 times in the first 24 hours following surgery, performing various tests and neurovascular assessments, including looking at the hand and checking her wrist and finger movement, motor function, pulse, the appearance of the hand, and feeling in her fingers. Mrs. Owens immediately complained to the nurses of the numbness in her hand and tingling in her fingers and continued to relate the worsening of that condition to the nurses throughout the day and night. At eight o'clock in the morning on the day after surgery, Dr. Taylor checked Mrs. Owens's arm, checked her fingers, and talked to her and, finding nothing unusual, put the arm back in traction. It was not until two hours later that the physical therapist removed Betty Owens's arm from traction and discovered that it was paralyzed. Dr. Taylor diagnosed her injury as a brachial plexus stretch injury caused by a stretching of the nerves in her left arm while her arm was in traction.

Mrs. Owens and her husband, James Owens, sued the Medical Center, Dr. Taylor, and Anniston Orthopedic Associates. Mrs. Owens claimed permanent neurological injuries to her arm and shoulder as a result of the "frozen shoulder" operation performed at the Medical Center by Dr. Taylor, a partner of Anniston Orthopedic Associates. James Owens sought damages for loss of his wife's services and consortium.

The jury returned a verdict in favor of Dr. Taylor and Anniston Orthopedic Association. It found in favor of Betty Owens against the Medical Center and assessed her damages at $350,000. The jury also returned a verdict in favor of James Owens against the Medical Center, but assessed his damages at zero dollars.

The Medical Center's motions for JNOV and new trial and its motion to reduce the verdict were denied. The trial court also denied James Owens's motion for new trial and, in regard to his claim, entered a judgment in favor of the Medical Center. Both the Medical Center and James Owens appeal.

Issues Presented on the Medical Center's Appeal

The Medical Center presents several issues on appeal:

(1) Whether the trial court committed reversible error in denying the Medical Center's motion to reduce the verdict of the jury in accordance with the provisions of Ala.Code 1975, § 11-93-2.[2]

(2) Whether the trial court committed reversible error in refusing the Medical Center's written requested jury charge regarding proximate causation.

(3) Whether the Medical Center is entitled to a judgment notwithstanding the verdict *1363 or a new trial on the ground that the verdict was the result of bias or prejudice on the part of the jury.

(4) Whether the Medical Center is entitled to a judgment notwithstanding the verdict or a new trial on the ground that the verdict was against the weight and preponderance of the evidence.

Issues on the Husband's Appeal

James Owens contends that the trial court committed reversible error in entering judgment in favor of the Medical Center based upon a holding that a verdict in the amount of $0.00 is the same as a determination that Mr. Owens suffered no damages. Because his claim for loss of services and loss of consortium is derivative, we will first address the issues presented by the Medical Center.

Whether the trial court committed reversible error in denying the Medical Center's motion to reduce the verdict of the jury in accordance with the provisions of Ala.Code 1975, § 11-93-2.

What effect does § 11-93-2 have upon the plaintiff's judgment of $350,000 against the Medical Center? Stated differently, does the $100,000 statutory cap on the judgment creditor's right of recovery against the Medical Center actually reduce the judgment to $100,000?

The Medical Center asked the trial court to reduce the judgment to $100,000, but the trial court, although indicating that he thought the Medical Center was a governmental entity within the meaning of § 11-93-1,[3] declined to accept evidence of its status as a governmental entity because, it held, the statutory cap would not be operative until there was an execution on the judgment. The trial court cited Nowlin v. Druid City Hospital Bd., 475 So.2d 469 (Ala.1985) ("Nowlin I") as authority for its holding that the motion of the Medical Center was premature because no attempt had been made by the plaintiff to execute on the judgment. We conclude that the trial court failed to give effect to the latest expression of this Court regarding the Nowlin I case. After reviewing this court's holding in Nowlin I and its progeny, we hold that the trial court erred in its determination that the application of the statutory cap was not operative until there was an execution on the judgment.

In Nowlin I, this Court reinstated a jury award of $500,000 in a wrongful death action against a governmental entity, holding as follows:

"The statute sets forth the maximum amount of damages recoverable against a governmental entity. It does not, however, limit the amount of the judgment. Section 11-93-2 only becomes operative when a plaintiff attempts to execute on the judgment."

Id. at 471. It is apparent that the learned trial judge gave full force to this statement in Nowlin I and did not consider this statement in light of this Court's decision in St. Paul Fire & Marine Insurance Co. v. Nowlin, 542 So.2d 1190 (Ala.1988) ("Nowlin II").

After the administrator of the decedent's estate in Nowlin I

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584 So. 2d 1360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northeast-ala-reg-med-ctr-v-owens-ala-1991.