Burns v. Michelotti

This medical malpractice action was brought by Robert Burns, individually and as executor of the estate of Emgard A. Burns, deceased, against Joseph Michelotti, M.D., and Renuka Garla, M.D. Plaintiff sought damages for the pain and suffering and wrongful death of decedent allegedly resulting from negligent care in the context of surgical treatment for a gallbladder condition. A jury verdict was returned in favor of both defendants.

On appeal, plaintiff asserts the following reasons for retrial: (1) counsel for defendant Garla engaged in improper ex parte communication with treating physicians;…