Padilla v. Archer

387 S.W.3d 267, 2011 Ark. App. 746, 2011 WL 6064364, 2011 Ark. App. LEXIS 807
CourtCourt of Appeals of Arkansas
DecidedDecember 7, 2011
DocketNo. CA 10-1307
StatusPublished
Cited by1 cases

This text of 387 S.W.3d 267 (Padilla v. Archer) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Padilla v. Archer, 387 S.W.3d 267, 2011 Ark. App. 746, 2011 WL 6064364, 2011 Ark. App. LEXIS 807 (Ark. Ct. App. 2011).

Opinion

JOHN MAUZY PITTMAN, Judge.

This is a medical-negligence case. Dr. Jose S. Padilla, Jr., brings this appeal of a jury’s verdict in favor of appellee Paul Archer. On appeal, Dr. Padilla argues that the circuit court erred in denying his motions for a mistrial and a motion for a new trial because the court allowed Dr. Frederick Bentley, the doctor who treated Archer after Dr. Padilla’s surgery, to give unqualified expert testimony and allowed the jury to view the videotape of Dr. Bentley’s deposition testimony a second time. Dr. Padilla also argues that the circuit court erred in denying his motion for a directed verdict in that Archer failed to meet his burden to provide expert testimony concerning the standard of care under the locality rule. We affirm.

Background

On June 11, 2008, Dr. Padilla, a general surgeon, performed gallbladder surgery on Archer.1 During the surgery, Dr. Padilla allegedly clipped the wrong duct, allowing bile to drain directly into Archer’s abdominal cavity. Archer was ultimately transferred to UAMS where he was treated by Dr. Bentley for the complications of the surgery.

On November 18, 2008, Archer filed suit against Dr. Padilla, later amended.2 The complaint sought compensatory and punitive damages.3

On October 22, 2009, Dr. Bentley’s videotaped deposition was taken by agreement to be used in lieu of his live testimony at trial. During the deposition, Dr. Bentley stated that he was not asked to opine on whether Dr. Padilla violated the standard of care in this case and that he was not prepared to do so.

On June 7, 2010, Dr. Padilla filed a motion in limine seeking to prevent Dr. Bentley from giving testimony as to the standard of care because (1) it was irrelevant due to the fact that Dr. Bentley was a treating physician; (2) Dr. Bentley had not been designated as an expert witness in the case; and (3) Dr. Bentley was not qualified to give expert testimony under the locality rule. In response, Archer argued that Dr. Padilla had waived the argument because he did not object to Dr. Bentley’s testimony at the time his deposition was taken.

At the hearing on the motion just prior to trial, Dr. Padilla argued that Dr. Bentley gave expert testimony without first being identified as an expert in the case. In response, Archer argued that Dr. Bentley never testified that Dr. Padilla violated the standard of care and that the objection had been waived because it was not made at the time Dr. Bentley gave his deposition. The circuit court ruled that objections to Dr. Bentley’s testimony were waived because they were not made during the deposition.

The case was tried to a jury from June 14 to June 16, 2010. Dr. Bentley’s deposition was played to the jury, and Dr. Padilla renewed the objections that he had made in his motion in limine. At the close of Archer’s case and again at the close of all of the evidence, Dr. Padilla moved for a directed verdict. He argued that Dr. Wayne Flye, Archer’s designated expert witness, did not offer proper testimony as to the standard of care in Harrison, Arkansas, or similar communities as required by the locality rule. The circuit court denied the motions, and the case was submitted to the jury.

During its deliberations, the jury requested a transcript of Dr. Bentley’s deposition. The circuit court convened counsel and discussed the options available, namely, to tell the jury to rely on its notes or to replay the entire video deposition. Archer asked that the circuit court replay the video, but Dr. Padilla objected, stating that the video would unduly emphasize Dr. Bentley’s testimony. Dr. Padilla also pointed out that there was a transcript of Dr. Bentley’s deposition and that the court should provide that to the jury instead of replaying the video deposition. After ruling that the transcript could not be provided to the jury because it had not been admitted into evidence, the court advised the jury that the video deposition of Dr. Bentley was presented in lieu of his live testimony and, under those circumstances, the court expected the jurors to rely on their memories and notes. However, the court also gave the jury the option of viewing the entire video deposition. The jury chose to view the video deposition again.

Dr. Padilla then moved for a mistrial. His argument was based on grounds that there was no precedent for the replaying of the video deposition for the jury and that it overemphasized Dr. Bentley’s testimony. He also noted that this had the effect of allowing Archer to reopen his case once the jury had begun deliberations and gave Archer a “second bite” because the jury was able to take new notes from the video. The circuit court denied the motion for a mistrial, noting that there were criminal cases where the replaying of testimony in its entirety was upheld.

After having the deposition replayed, the jury continued its deliberations. Ten members of the jury found in favor of Archer and awarded damages of $400,000. Judgment was entered on the jury’s verdict on June 17, 2010.4

Dr. Padilla filed a motion seeking a new trial on July 1, 2010. The motion argued that a new trial was warranted because Dr. Bentley gave testimony concerning the standard of care despite the fact that Dr. Bentley stated in his deposition that he was not prepared to express an opinion regarding the standard of care. Dr. Padilla also sought a new trial because the circuit court had erroneously ruled that Dr. Padilla had waived his objections by not making them at the time of Dr. Bentley’s deposition. Finally, Dr. Padilla sought a new trial on the basis that the court had allowed Dr. Bentley’s deposition to be replayed to the jury. The circuit court denied the motion for a new trial on July 23, 2010. Dr. Padilla filed his notice of appeal on July 23, 2010.

Standard of Review

Our standard of review of the denial of a motion for directed verdict is whether the jury’s verdict is supported by substantial evidence. The Medical Assurance Co., Inc. v. Castro, 2009 Ark. 93, 302 S.W.3d 592. Substantial evidence is that which goes beyond suspicion or conjecture and is sufficient to compel a conclusion one way or the other. Id. It is not our place to fay issues of fact; rather, we simply review the record for substantial evidence to support the jury’s verdict. Id. In determining whether there is substantial evidence, we view the evidence and all reasonable inferences arising therefrom in the light most favorable to the party on whose behalf judgment was entered. Id. A motion for directed verdict should be denied when there is a conflict in the evidence, or when the evidence is such that fair-minded people might reach different conclusions. Id. Likewise, on appeal from the denial of a motion for a new trial, this court also determines whether the jury’s verdict is supported by substantial evidence. Wal-Mart Stores, Inc. v. Tucker, 353 Ark. 730, 120 S.W.3d 61 (2003).

Arguments on Appeal

I. Dr. Bentley’s Testimony

Dr. Padilla argues that the circuit court erred in several respects concerning Dr. Bentley’s testimony. His first argument is that the circuit court erred in ruling that he had waived his objections to Dr.

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Williams v. Shackelford
2017 Ark. App. 149 (Court of Appeals of Arkansas, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
387 S.W.3d 267, 2011 Ark. App. 746, 2011 WL 6064364, 2011 Ark. App. LEXIS 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/padilla-v-archer-arkctapp-2011.