Pearce v. Ollie

826 P.2d 888, 121 Idaho 539, 1992 Ida. LEXIS 19

• Court: Idaho Supreme Court
• Decided: February 4, 1992
• Docket: 17744
• Status: Published

Opinions

BAKES, Chief Justice.

John Pearce suffered a subarachnoid cerebral hemorrhage (stroke) at Cascade, Idaho, in January of 1984. Treatment for his condition was administered by the Valley County Hospital and Dr. John Moser and Dr. Steven Ollie, Cascade, Idaho, physicians. This medical malpractice action arises from that treatment.

After initial consultation, care and treatment at the hospital, and the passage of approximately 55 hours, Pearce was transferred to St. Alphonsus Hospital in Boise at the direction of Dr. Ollie. There he was treated by Dr. Patrick Cindrich, a neurosurgeon, and Dr. Richard Wilson, a neurologist. Mr. Pearce sustained severe and permanent physical and mental impairments from the subarachnoid cerebral hemorrhage.

In October of 1985, John Pearce and his wife Ethel initiated this action against Dr. Moser, Dr. Ollie, and Valley County Hospital. The complaint alleged that Valley County Hospital failed to properly treat Mr. Pearce, that the treating physicians, Drs. Moser and Ollie, did not provide adequate neurological consultation, and that Mr. Pearce was transferred too late to St. Alphonsus. The plaintiffs contend that with earlier diagnosis and treatment Pearce would have suffered little or no impairment.

Before the case went to trial, the plaintiffs learned while taking depositions that defense counsel had engaged in ex parte interviews with Dr. Cindrich and Dr. Wilson without the knowledge or consent of Mr. Pearce. Both doctors conceded to having agreed with defense counsel to testify as expert witnesses on behalf of the defendants. The plaintiffs filed a motion seeking an order precluding the defendants from calling Dr. Cindrich and Dr. Wilson as witnesses, which the trial court denied.

The case was tried to a jury in Boise, and on March 24, 1988, the jury returned a verdict finding that only Dr. Moser was guilty of negligence in treating Mr. Pearce. Dr. Ollie was absolved of any negligence. The trial court entered judgment upon the verdict and the case against Dr. Moser was concluded by payment of $150,000, the amount of damages which the jury found that Mr. Pearce had sustained.

The Pearces have appealed from the district court’s refusal to exclude the testimony of Drs. Cindrich and Wilson, from the final judgment of dismissal granted to Dr. Ollie, and also from the order denying their post-judgment motion for a new trial against the hospital and Dr. Ollie. During the trial, after the Pearces had rested their case in chief, Valley County Hospital moved for a directed verdict. The district court granted the motion and the hospital was dismissed from the action. Valley County Hospital cross-appeals from the directed verdict in its favor, asserting as a fall-back position its other defenses which the district court rejected in ruling on the motion for directed verdict. We conclude that the Pearces’ appeal in this case should be dismissed. Thus, we need not reach the other issues raised by both parties.

As is readily apparent from the jury's verdict, which is attached as Appendix A, the jury determined Pearce’s total damages, “which were proximately caused by the failure of the defendant(s),” to be $150,000. The trial court entered judgment on that verdict against Dr. Moser because he was the only defendant whom the jury found to be negligent. The total amount of damages suffered by the plaintiff, as found by the jury, was paid by Dr. Moser and accepted by the plaintiff. Accordingly, there is no basis for further proceedings in this case, and no basis for an appeal. Walker v. Budzianowski, 103 Idaho 244, 646 P.2d 1015 (1982) (Where defendant in personal injury action offered to tender full amount of damages and costs, plus interest, to plaintiff, questions raised by plaintiff on appeal were moot); Bob Rice Ford, Inc. v. Donnelly, 98 Idaho 313, 563 P.2d 37 (1977); Radioear Corp. v. Crouse, 97 Idaho 501, 547 P.2d 546 (1976).

Appeal dismissed. No costs or attorney fees awarded.

JOHNSON and McDEVITT, JJ., concur. BOYLE, J., concurs specially.

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