Whitfield v. Blackwood

Although I admire the creativity behind the dissenters’ proposal to give plaintiff yet another bite of this thoroughly-chewed apple, I record separately my disagreement with their votes (1) to reinstate plaintiff’s claim against Dr. Blackwood — a claim that every judge at the trial and appellate levels who has scrutinized it, including our dissenting colleagues, has held to have been unwarranted by the evidence — and (2) to send back *501for retrial the case against Drs. Boss and Tischler, in whose favor the jury returned a verdict that plaintiff never challenged on appeal. The route to that…