Stalcup v. Orthotic & Prosthetic Lab, Inc.

RHODES RUSSELL, Judge.

Orthotic & Prosthetic Lab, Inc. (“Lab”), appeals from a judgment on a jury verdict awarding James Stalcup (“plaintiff’) compensatory damages for his injuries as a result of Lab’s negligence in fitting him for a prosthetic leg. Lab maintains 1) plaintiff failed to make a submissible case of negligence; 2) plaintiffs verdict-directing instruction granted the jury a roving commission; 3) plaintiffs negligence claim against Lab was barred by the two-year statute of limitations in section 516.105 RSMo 1994 1 for actions against health care providers; and 4) plaintiffs damages…